Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon, common object---Bail, refusal of---Absconsion of accused---Scope---Allegation against accused was that he along with another made direct firing upon the complainant as a result of which three persons died and another got injured---Accused was nominated in the FIR with specific role of causing fire arm injury with 44 bore rifle upon the deceased which hit the deceased on his head---Father of accused was also nominated in the FIR who was arrested but the accused had neither surrendered before the police nor had he applied for bail before arrest---Police, on the basis of Call Data Record (CDR), had opined that the accused was not present at the spot and had placed him as accused in Column No. 3 of the challan---Injured witness as well as two other eye-witnesses had nominated the accused with a specific role of causing fatal injury on head of the deceased---Sufficient material was available on record to connect the accused with the crime---Offences with which the accused was charged fell within the prohibitory clause of S.497, Cr.P.C.---Petition for grant of bail was dismissed, in circumstances. Mudassar Altaf and another v. The State 2010 SCMR 1861; Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68; Sardar Munir Ahmed Dogar v. The State PLD 2004 SC 822 and Sher Ali alias Sheri v. The State 1998 SCMR 190 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Plea of alibi---Scope---Plea of alibi can only be considered by the trial court after recording of evidence. Waqar-ul-Haq v. State 1985 SCMR 974; Bahadur v. Muhammad Latif 1987 SCMR 788; Omar Daraz v. The State 2004 SCMR 1019 and Muhammad Afzal v. The State 2012 SCMR 707 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Court while deciding bail application before recording of evidence in the trial court has to tentatively assess the material and it is not permissible to go into details of evidence in one way or the other that may prejudice the case of either…

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