Law: Penal Code (XLV of 1860)

Section: 302,109,148,149

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109, 148 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Discrepancy in location and nature of injuries---Complainant reached at the scene of crime when the accused persons were escaping from the spot which explicated that complainant was himself not the eye-witness of the incident but he was informed by two other witnesses, who were allegedly present at the scene of offence---In the FIR the complainant claimed that the firearm injuries were shot on the front side of abdomen of deceased, but the postmortem report did not show any wound of entry on abdomen from front side but showed exits---According to the challan submitted by the Investigation Officer (I.O), the names of accused persons were mentioned in Column No.2 and they were not sent for trial and for such reason the complainant had already filed a private complaint---Locale of injury in the FIR were pointed out by the complainant on the front of abdomen and left side of deceaseds body, whereas in the private complaint the complainant had mentioned that the accused persons had caused firearm injuries on different parts of body of deceased and did not point out any specific locale of injuries---Investigation had been completed; report under S. 173, Cr.P.C. had been already filed---Case emanating from FIR and private complaint were proceeding in the Trial Court---No tangible evidence or incriminating material had been found or collected by the I.O against the accused persons, hence, there shall be no useful purpose achieved or attained to hold him behind bars---Sufficient grounds were available for further inquiry---Petition for leave to appeal was converted into appeal and allowed, and accused persons were granted post arrest bail. (b) Constitution of Pakistan--- ----Art. 185(3)--- Bail--- Appreciation of evidence--- Scope--- Further inquiry---At bail stage deeper appreciation of evidence couldnt be made out but the court had to get the picture through tentative assessment of prosecution story---In order to reach even a tentative assessment, whether the accused had made out a case of further…

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