Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 163

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 163---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Further inquiry---Implication on basis of special oath---Local police investigated the matter in detail and ultimately found the involvement of the accused suspicious, hence, his arrest was deferred under S. 169, Cr.P.C.---During second investigation, the participation of the accused was again found doubtful and as such the investigating officer had not given a definite opinion qua culpability of the accused---Third investigation was carried out by Provincial Crime Branch which found the accused involved on the basis of special oath offered in a mosque---Concept of such special oath was in defiance of Art. 163 of Qanun-e-Shahadat, 1984---Sole eye-witness mentioned in the FIR got recorded his statement thrice under S. 161, Cr.P.C., in all three successive statements, he had contradicted his earlier statement---Further the third and last statement was recorded belatedly---Accused was allowed bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 161---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Belated recording of statement of prosecution witness under S. 161, Cr.P.C.---Delayed recording of such statement reduced its value to nil. Abdul Khaliq v. The State 1996 SCMR 1553 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Petitioner has assailed the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 challenging the order of the learned Lahore High Court, Rawalpindi Bench Rawalpindi dated 11.11.2019 with the prayer to grant leave against the order and to release the petitioner on bail in the interest of justice. 2. The petitioner along with others was involved in case bearing FIR No.123/2017 dated 25.04.2017, under sections 302, 324, 34, P.P.C., registered with Police Station Talagang, District Chakwal. As per allegation contained in the crime report, it is alleged that the petitioner along with his co-accused while armed with hatchet inflicted blow on the head of father…

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