Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,376,496-A,148,149,337-l(2)

Benefit of doubt-- ----Bail--No doubt, in a post arrest bail only tentative assessment is to be made and deeper appreciation or evaluation of evidence at this stage is neither desirable nor permissible but benefit of doubt can be extended to accused even at bail stage if facts of case so warrant. [P. 1491] A 2021 SCMR 2011. Two versions-- ----Bail after arrest--Case of prosecution has become of two version one put forth by complainant in FIR, whereas other in shape of finding of investigating officer--This dichotomy will be determined by learned trial Court after recording and evaluating evidence that which of version is correct.[P. 1492] B 2012 SCMR 1137. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 376, 496-A, 148, 149, 337-L(2)--Post-arrest bail, grant of--Allegation of--Armed with fire-arm weapons, house tresspassed, murdered, abducted and raped by co-accused--Case of two versions--Benefit of doubt--The petitioners are behind bars since their arrest--The investigation of this case to their extent has been completed. Nothing was recovered from Petitioner No.1--Nobody could be kept in jail for an indefinite period, therefore, further incarceration of petitioners would not serve any useful purpose--Mere heinousness of offence could not impede release of accused on bail if otherwise his guilt call for further probe, nor bail could be withheld as a strategy for punishment--Bail was allowed. [P. 1494] C 2019 SCMR 1914. ORDER By virtue of instant petition filed under Section 497, Cr.P.C., petitioners Muhammad Javed and Ghulam Haider alias Haider Ali have sought post-arrest bail in case FIR No.251 dated 06-09-2021, in respect of offences under Sections 302, 376, 496-A, 148,149, 337-L(2), PPC, registered at Police Station, Madrassa, District Bahawalnagar. 2. As per brief allegations levelled in the F.I.R against the petitioners are that they along with their co-accused while armed with firearm weapons trespassed into the house of complainant and murdered the son of complainant namely Jehangir and thereafter also abducted Mst. Madiha, the daughter of the complainant, who was subsequently also raped by co-accused…

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