Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Bail after arrest, grant of--Allegation of--Committed homicidal-- This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable non-permissible--Though accused/ petitioner along with his co-accused Nazakat, is nominated in F.I.R. and specific role of fire-arm injury upon deceased, is attributed to him but medical history of deceased reveals that injury attributed to present petitioner is an exit wound--In this way version of complainant is not in line with post-mortem report of deceased--Said conflict between ocular account and medical history of (deceased) brings case of petitioner within ambit of further inquiry as contemplated in sub-section (2) of Section 497, Cr.P.C.--Taking into consideration above factual position of case, questions of sharing common intention in furtherance of common object by petitioner with his co-accused as well as vicarious liability of petitioner for commission of alleged incident, shall be determined by trial Court after recording evidence is previously non-convict and non record holder--He is behind bars since his arrest and is no more required for further investigation--No useful purpose would be served by keeping petitioner behind bars--Bail was allowed. 2012 SCMR 1137. Bail-- ----Heinousness offence--No ground for refusal of bail--It is settled by now that mere heinousness of offence is no ground for refusal of bail to an accused if otherwise he is entitled for bail. 1996 SCMR 76. ORDER Through this petition under Section 497, Cr.P.C., the petitioner Abid Hussain, seeks post-arrest bail in case F.I.R. 144 dated 31.07.2018 registered under Section 302/34, PPC, at Police Station Saddar Massan District Jhang. 2. Briefly the facts of the case as per crime report got lodged by Zafar Ahmad complainant are that on 31.07.2018 the petitioner along with his co-accused committed homicidal death of Bahadur, brother of the complainant. 3. Heard. Record perused. 4. This is petition for post-arrest bail and only tentative assessment is…

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