Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Penal Code (XLV of 1860)

Section: 148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Evidence, assessment of---While deciding bail application, before recording of evidence in Trial Court, only tentative assessment is to be made by Court---Not permissible to go into details of evidence in one way or the other that may prejudice case of either party. PLD 1994 SC 65; PLD 1994 SC 88; 2021 SCMR 111 and 2020 SCMR 937 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 149---Qatl-i-amd and rioting armed with deadly weapons---Bail, grant of---Further inquiry---Completion of Investigation---Effect---Accused was arrested for committing Qatl-i-amd and he sought his release on bail---Held, that bail is not to be withheld as a punishment---No legal or moral compulsion to keep people in jails merely on the allegation that they have committed offences punishable with death or transportation, unless reasonable grounds exist to disclose their complicity---Ultimate conviction and incarceration of a guilty person can repair wrong caused by mistaken relief of bail after arrest granted to him but no satisfactory reparation can be offered to innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run---Investigation was completed and accused was no more required for the purpose of investigation---Accused was previously non-convict and was behind bars for more than six months---Trial of accused did not see any fruitful progress and his further incarceration in jail would not serve any purpose---Case against accused was one of further inquiry---Bail was allowed in circumstances. Manzoor and 4 others v. The State PLD 1972 SC 81 and Zaigham Ashraf v. The State and others 2016 SCMR 18 rel. ORDER TARIQ MEHMOOD JAHANGIRI, JUSTICE:---.---Through the instant bail petition, the petitioner seeks bail after arrest in case FIR No. 04/2021, dated 02.01.2021, offence under sections 302, 148, 149, P.P.C. registered at Police Station Ramna, Islamabad. 2 It is alleged in the FIR that on 02.01.2021, petitioner/accused along with co-accused has committed Qatl-e-amd of son of the complainant at 02 a.m. (midnight). Hence, the…

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