Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 302--Supplementary statement--Bail, grant of--Prosecution case initially set up in the crime report, who gave assailant’s description, without citing motive for the crime--Daughter of the deceased came forward to record a supplementary statement, wherein she nominated the petitioner and one other as suspects that would be best settled after recording of evidence during the trial--Bail allowed. ORDER Qazi Muhammad Amin Ahmed, J.--Mohsin Ali Shah and Aftab son of Ghulam Rasool were surprised by two unknown assassins at their Dera, 8:00 p.m. on 31.8.2015, located within the precincts of Police Station Ferozwala District Gujranwala; incident was reported by Ghazanfar Ali Gillani, a nephew of Mohsin Ali Shah who gave assailants’ description, without citing motive for the crime. Mohsin Ali Shah deceased was survived by his daughters; of them, Sidra Batool came forward to record a supplementary statement on 7.12.2015 wherein she nominated the petitioner and Muhammad Farooq as suspects for the crime; she claimed to have herself witnessed the occurrence. Alleging complainant’s collaboration with Iqbal Butter co-accused, since acquitted, who according to her, had engaged the accused, hired assassins, to murder the deceased in the backdrop of election rivalry. Pursuant to supplementary statement dated 7.12.2015, the police proceeded to arrest the petitioner and effected some recoveries on his disclosure; it also arrayed Iqbal Butter as architect behind the crime, however, it is admitted at the bar that he has been acquitted from the charge. Blamed as hired…

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