Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 114,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 114---Qatl-i-amd, abetment, abettor present when offence committed---Bail, refusal of---Second bail petition was moved after dismissal of earlier one by the same court---Maintainability---Fresh ground to move second bail petition---Scope---Second bail petition would only be on the ground which was not available when the first bail application was filed---Contention that if a law point was not raised/decided by the Court the second bail application would be maintainable, was repelled---No fresh ground had been raised in the second petition---Earlier bail petition was declined on merits and all the grounds taken /argued were not considered in favour of the petitioner---Second petition being meritless, bail was refused to the petitioner, in circumstances. PLD 1986 SC 173 and 2016 PCr.LJ 1906 ref. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- First Information Report No.30/2017 was registered under section 302/114, P.P.C. dated 08.06.2017 registered at Police Station KKH, Chilas, District Diamer. 2. The petitioner filed 1st bail application bearing Criminal Miscellaneous No. 213/2017, which was declined on merit by this Court vide judgment/order dated 27.12.2017. The petition in hand is second bail application on fresh grounds. 3. The learned counsel for the petitioner was asked to assist the Court about the maintainability of the instant petition as apparently there is no fresh ground as the earlier bail petition of the petitioner was declined on merit and all the grounds were considered and had not found favour with the Court. 4. The learned counsel for the petitioner submitted that 2nd bail application on legal ground is maintainable. The learned counsel was asked to argue the case on merit. Reliance was placed 2007 PCr.LJ 1542 5. The learned counsel submitted that the case of the petitioner falls within the provision of Section 315/316, P.P.C., which aspect of the case was neither brought in the knowledge of the Court nor the case was considered, which resulted into miscarriage of justice, while disposing of 1st bail application of petitioner. Further that FIR was lodged…

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