Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,302,337A(i)(iii),337-F(i),337-L( 2),367

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 367, 337-A(i), 337-A(iii), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Qatl-i-amd, kidnapping or abducting in order to subject person to grievous hurt, slavery, shajjah-i-khafifah, damiyah, mutalahimah, shajjah-i-hashimah, punishment for other hurt, roiting, armed with deadly weapon, common object---Bail, grant of---Further inquiry---Completion of investigation---Allegations of general nature---No recovery from accused---Effect---Allegation against accused was that he along with co-accused, while armed with sotas, gave beating to the deceased hitting him on his back and hips after having abducted him and taking him to the house of the co-accused---No specific injury was attributed to the petitioner either in the FIR or in the statements of the witnesses recorded under S.161, Cr.P.C.---Investigating Officer submitted that allegations against the accused were found to be false and that the accused had rather helped the deceased while he was injured---No recovery was effected from the accused during the investigation of the case---First Information Report showed that the accused had no motive to kill the deceased and the alleged motive was directed against the co-accused---Accused was a previous non-convict and was never involved in any such case---Investigation qua accused was complete and his person was no more required for further investigation---Case of accused was one of further inquiry covered by subsection (2) of S. 497, Cr.P.C.---Petition for grant of post-arrest bail was accepted, in circumstances. Ehsanullah v. The State 2012 SCMR 1137; Nasar v. The State and others 2017 SCMR 130 and Muhammad Aslam v. The State and others 2016 SCMR 1520 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Heinous offence---Effect---Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, J.--- Through the instant petition under section 497 Cr.P.C. the petitioner namely Bashir Ahmad is seeking post-arrest bail in the case FIR No.100 of 2019…

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