Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

(a) Criminal Procedure Code (V of 1898)--- ---S.497---Penal Code (XLV of 1860), S.302---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd---Unlicensed possession of arms---Bail, grant of---Scope---Accused was alleged to have murdered the son of complainant---Nobody was initially charged for the commission of offence---Complainant had recorded his statement under S.164, Cr.P.C., with a considerable delay and without disclosing his source of information that his son was put to death by the accused---No direct evidence was available to prima facie connect the accused with the commission of offence---Evidence regarding last mobile contact in the absence of any corroborative evidence was a weak type of evidence, especially when it was not mentioned in the FIR that at what time deceased was lastly seen in the company of the accused---So far as recovery of weapon of offence and burnt mobile of deceased were concerned, the same was not recovered from the direct possession of accused---Case of accused required further probe to establish his involvement in the commission of offence---Petition for grant of bail was allowed, in circumstances. 2017 SCMR 61; 2014 SCMR 12 and 1996 SCMR 1845 ref. (b) Criminal Procedure Code (V of 1898)--- ---S.497---Bail---Accused in custody of sureties---Scope---Bail does not mean acquittal of accused but only change of custody form Government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever required to be produced. Haji Muhammad Nazir v. State 2008 SCMR 807 ref. JUDGMENT: AHMAD ALI, JUSTICE:---.--- Through the petition in hand, the petitioner, Roidad Khan seeks his post arrest bail in case FIR No. 65 dated 08.10.2019 under sections 302, P.P.C./15-AA, P.S. Jamrod (District Khyber). Same relief was however declined to him by the learned trial Court vide order dated 26.11.2019. 2. Brief facts of the case are that the complainant reported the matter to local police in terms that on the eventful day his son left the house for Isha prayer, but did not return home. On 03.10.2019, he was informed that his son is lying dead in the ground of Ghazali Public School, when…

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