Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention ---Bail, grant of---Further inquiry---First Information Report was against unknown persons---Accused was implicated on the confessional statement of co-accused made in police custody---Prosecution witness had picked the accused during an identification parade as one of the persons last seen with the deceased, but he failed to pick up the co-accused persons at the same identification parade which took place after two months of the incident---Investigation report showed that presence of the accused on duty at his company at the time of the incident was verified by his employer and the call detail record of the phone number given by the accused was also traced at the said company at the time of the incident---Investigating officer discarded the call detail record on the ground that the SIM of the cell number was not registered in the name of the accused---Plea of alibi of accused could not be ignored when there was nothing to suggest that the employer's confirmation of the alibi was doubtful---Last seen account of the prosecution witness was a statement under S. 161, Cr.P.C., therefore, it did not come in the way of grant of bail when the accused had otherwise succeeded in bringing his case within the ambit of further enquiry within the meaning of S.497(2), Cr.P.C.--- Nothing on record so far to show that accused had a criminal history---Co-accused had already been granted bail by the Trial Court---Accused was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, JUSTICE:---.--- On or about 19-05-2019, the Applicant/ Accused namely Arif Baloch was arrested pursuant to investigation into FIR No. 166/2019 under sections 302, 34 P.P.C., P.S. Awami Colony, Karachi, for the murder of one Ajan son of Haji Ahmed (deceased). Vide order dated 10-07-2019, the VIII-Additional Sessions Judge, Karachi (East) rejected his bail; hence this bail application. 2. On 26-03-2019, statedly between 16:00 and 17:00 hours, the body of the deceased was discovered in the water tank of house where he resided. The cause of death is said…

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