Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,311,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 311 34--Post-arrest bail, grant of--Allegation of--Committed murder on account of ghairat--Complainant is husband, whereas, present petitioner is father of deceased--Although petitioner is particularly nominated in FIR with specific role of causing Fire-arm injuries on person of deceased and complainant as well as have been placed as witnesses of occurrence, but fact remains that during proceedings of post-arrest bail before Additional Sessions Judge, complainant and other PWs. have sworn their affidavits to effect that they had not seen occurrence--Complainant as well as P.Ws. have stated that police obtained their thumb impressions on blank papers--They also submitted that petitioner is innocent and has no connection with alleged occurrence--Complainant and other eye-witnesses are exculpating petitioner from commission of alleged offence, as such, trial Court, having exclusive jurisdiction in matter, would be better to adjudge after recording evidence whether petitioner has any connection with commission of alleged offence or not--Prima facie, prosecution has no sufficient incriminating material to connect petitioner with commission of alleged offence and petitioner’s case requires further inquiry in terms of Section 497(2), Cr.P.C. investigation is complete. petitioner is behind bars since his arrest--Meaning thereby, petitioner no more required to Police for any further investigation--Petition was allowed. 1979 SCMR 137, 1998 SCMR 474 and 1991 SCMR 111. ORDER By way of this petition, the petitioner namely Muhammad Sher seeks his release on post-arrest bail in case FIR No. 201/2020, dated 21.8.2020, offences under Sections 302, 311, 34, PPC, registered with the Police Station Mitha Tiwana, District Khushab. 2. The precise facts, as per FIR got lodged by Arshad Iqbal complainant, are that the petitioner while armed with pistol alognwith his co-accused committed murder of Mst. Rukhsana Bibi aged about 19/20 years on account of ghairat. 3. Arguments heard and record perused. 4. The complainant is husband, whereas, the present petitioner is father of the…

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