Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Bail, grant of---Further inquiry---Complainant restructured his case by making a statement and replacing the initial three suspects with two co-accused persons---Accused was introduced as the architect behind the murder on whose instructions the co-accused committed the crime---To substantiate the allegation against the accused, investigating officer produced three witnesses before the Magistrate---Licensed weapon in the name of one of the co-accused was part of prosecution inventories, in such circumstances fate of the prosecution case was to be essentially settled by the Trial Court after recording of evidence---Culpability of accused as the person behind the scenes certainly warranted further probe and as such his case squarely fell within the remit of S. 497(2), Cr.P.C.---Petition for leave to appeal was converted into an appeal and allowed and accused was granted bail. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Behind Bars since 30.12.2019, Shabran Khan, petitioner, seeks admission to bail; he is blamed to have conspired murder of Muhammad Iqbal, 48/49, on 27.10.2019 within the remit of Police Station University, Dera Ismail Khan. Deceased's nephew attended the casualty in the hospital and conveyed information to his uncle Malik Muhammad Ismail who lodged formal First Information Report wherein Latifullah son of Allah Wasaya along with Saif-ur-Rehman Inspector and his brother Asghar were arrayed as suspects in the backdrop of a motive that related to attempts to take forcible possession of immovable property, a move fiercely resisted by the deceased. Abdul Latif and Asghar were arrested, however, subsequently released on…

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