Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, grant of---Compromise---Legal heirs of both the deceased had forgiven the accused in the name of Allah Almighty and had no objection if the accused was released on bail or acquitted of the charge under S.302, P.P.C.---Accused was about 16 years old at the time of commission of offence, as such he was juvenile and on this ground too he was also entitled for concession of bail---Parties having themselves voluntarily forgiven the crime and had entered into a settlement/ compromise outside the court which could be considered good ground for grant of bail to the accused in the interest of justice---Accused was admitted to post arrest bail, in circumstances. ORDER ALI BAIG, JUSTICE:---.--- Shan Ali son of Majnoon Shah, the petitioner/accused, seeks post arrest bail through the instant bail petition in case arising out of FIR No. 91/2019 dated 5-9-2019, registered under section 302, P.P.C., at Police Station Danyore, District Gilgit. 2. Briefly stated facts as narrated in the FIR by the complainant namely Masood Khan are that, on 5-9-2019, at 1900 hours, the above named complainant lodged FIR at Police Station Danyore stating that, on 5-9-2019, the deceased Mst. Laila had gone outside her house situated at Oshikhandas stating that she is going to wash clothes. At evening time, the complainant received information that the accused/petitioner, namely Shan Ali has murdered daughter of complainant, namely Mst. Laila, and his own real brother, namely Mubashir Abbas, on the suspicion of illicit relations between the above named both the deceased at upper side of house of complainant by opening fires with a rifle and he has been escaped from the scene of occurrence. 3. It would not be out of place to mention here that the petitioner earlier had filed bail application in the court of learned Additional Sessions Judge Gilgit which was dismissed by the learned Additional Session Judge Gilgit vide bail order dated 28-9-2019, hence this petition. 4. The learned counsel appearing on behalf of the petitioner contended that date of birth of the petitioner as per his…

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