Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,114,302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 114 & 34--Post arrest bail--Grant of--Further inquiry--Allegation of--Instigation of co-accused to open indiscriminate firing upon mother of complainant with intention to kill--Lalkara--Commission of offence--Recovery of weapon--Accused-petitioner in the case, is simply blamed for raising 'Lalkara' for killing the deceased, and in that connection, he had not been ascribed with any role of fire upon the deceased. FIR had not revealed that accused was armed with any weapon at relevant time--No overt act in the commission of offence, except for raising "Lalkara" and no doubt, the proclamation of "Lalkara" was not mere proverbial but commanding one and for which the petitioner could be held liable for abetment, and its punishment would not fall within the prohibitory clause of Section 497(1), Cr.P.C.--After, arrest, accused-petitioner has been investigated/interrogated but nothing beneficial or recovery/discovery has been brought on record and nor he has confessed the guilt--Investigation in the case is complete and he is no more required to the prosecution for investigation etc, and keeping him behind the bars for indefinite would serve no useful purpose, that too; falling within the ambit of sub-section (2) of Section 497, Cr.P.C. 2014 YLR 200, ref. Mistaken relief of bail-- ----A mistaken relief of bail may be repaired by convicting the accused, if proved guilty, but no proper reparation can be offered for his unjustified incarceration, albeit, his acquittal in the long run--Bail was allowed. 2016 SCMR 18, ref. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, CHIEF JUSTICE---.--- Accused-petitioner, Muhammad Ali alias Ali son of Nabi Gul, charged in case vide FIR No. 579 dated 4.7.2018, under Sections 302/114/34, PPC, registered in Police Station Sarband, Peshawar, has approached this Court for his release on bail, which was refused to him by learned Additional Sessions Judge-V, Peshawar, vide order dated 03.09.2018. 2. As per contents of FIR, the case of prosecution is that, complainant Abdur Raziq, present in HMC, while reporting the matter to police has…

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