Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,394,107,109,411

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302, 394, 107, 109, 411---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, voluntary causing hurt in committing robbery, abetment, dishonestly receiving stolen property---Bail, grant of---Further inquiry---Accused female of advanced age---Admittedly, the accused-lady was not named in the crime report and it was subsequent in time that she was implicated in the case on the supplementary statement of the complainant---Only allegation against the accused was that the whole occurrence was committed by the co-accused on her abetment---However, no specific date, time and place where the conspiracy was hatched had been mentioned in the supplementary statement of complainant---Even name and number of witnesses to that extent was not available on the record---All ingredients of abetment mentioned under section 107, P.P.C. were prima facie missing in the present case---Prosecution admitted that as yet there was no evidence that the recovered mobile phone belonged to the accused and the SIM was in her name---In these circumstances, the Call Data Record (CDR) in isolation did not advance the prosecutions case unless and until some credible material in such regard had been collected---Challan had already been submitted, which meant that the accused was no more required for further investigation---Accused was a lady of 50 years of age, having five children left at home---Keeping in view the peculiar facts and circumstances of the present case, keeping the accused behind the bars for an indefinite period would not be in the interest of justice---In these circumstances, it was the Trial Court which after recording of evidence would decide about the guilt or otherwise of the accused---Case of the accused squarely fell within the purview of section 497(2), Cr.P.C., calling for further inquiry into her guilt---Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail. (b) Criminal trial--- ----Call Data Record (CDR), reliance upon---Scope---In absence of any concrete material the Call Data Record (CDR) is not a conclusive piece of evidence to…

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