Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,109,302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34/109--Post-arrest bail confirmation of--Qatl-i-amd--Out of nine injuries on person of deceased on different parts of his body, only single attribution to petitioner that too on legs of deceased where according to post-mortem report these are five entry wounds, suggests that noose has been thrown wider by complainant to implicate other male members of family which otherwise is custom of our society that oftenly other family members are roped in case alongwith actual perpetrators so that they may not pursue litigation--Question of sharing common intention and vicarious liability of petitioner with main accused will determined by trial Court after recording evidence--Motive to extent present petitioner is also doubtful--Settled principle of law that for purposes of bail, law not to be stretched in favour of prosecution--Benefit of doubt, if any arising, must go to accused even on bail stage--Investigation of case to extent of present petitioner is already complete and he is no more required for further investigation--Post-arrest bail granted. 2012 SCMR 265 & PLD 1972 SC 277, ref. THIS ORDER PASSED BY: RAJA SHAHID MEHMOOD ABBASI, JUSTICE---.--- Through this petition u/S. 497, Cr.P.C. Naseer Ahmad @ Naseeri petitioner, seeks bail after arrest in case F.I.R. No. 333 dated 28.9.2017 under Sections 302/34/109, PPC registered at Police Station Mandi Ahmad Abad District Okara. 2. Briefly the prosecution case mentioned in the crime report lodged by Sajjad Ahmad complainant is that on 27.9.2017 at 9:00 pm the petitioner alongwith their co-accused fired with their respective weapons upon HammadAhmad, brother of the petitioner, who succumbed to the injuries when he was being shifted to hospital. The motive behind the occurrence was stated that Hamad Ahmad (deceased) brother of the complainant was pursuing the cases registered against accused persons due to which the accuses persons have committed the occurrence. 3. I have heard learned counsel for the parties as well as learned D.P.G. and gone through the record with their assistance. This is petition for post-arrest…

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