Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302,109,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 302, 109 34---Qatl-i-amd, abetment, common intention--- Pre-arrest bail, refusal of--- Absconsion of accused---Issuance of threats to deceased during lifetime---Scope---Accused sought pre-arrest bail in an FIR lodged under Ss. 302, 109 34, P.P.C.---Accused was booked in heinous crime of committing murder of his wife---Sufficient material was available on record connecting the accused with the alleged crime---Record further showed that after the incident the accused had left the city---As regards issuing threats to his wife, perusal of the police papers showed that during her lifetime, deceased had moved an application in the police station stating that in case of any loss to her life, the accused and her relatives would be responsible---Deceased had also filed an application under S. 491, Cr.P.C. for recovery of her minor children before the Additional Sessions Judge, which showed that there were disputes between the accused and his wife---Name of accused appeared in the FIR and the accused had not uttered a single word as to why he was falsely involved in the case---Investigating Officer had stated that the accused had not joined the investigation after obtaining pre-arrest bail---Accused had remained absconder till the date his application for pre-arrest bail was granted---Application for grant of pre-arrest bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Court while deciding bail application has to observe the record tentatively and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case. Saleh Muhammad v. The State PLD 1986 SC 211 and The State v. Zubair and 4 others PLD 1986 SC 173 ref. ORDER AFTAB AHMED GORAR, J.---Applicant booked in case Crime No. 360 of 2021 registered with Police Station Ittehad Town, Karachi under sections 302/ 109/34, P.P.C. has approached this Court by filing the captioned application for pre- arrest bail as his earlier bail application of similar nature had been dismissed by the trial court vide…

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