Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302/324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Post arrest bail, grant of--Plea of Alibi--CCTV footage--Finding of Investigating officer--Allegation of making fire shot with pistol upon the chest and pistol but on the left cheek of the deceased--Police official has obtained CCTV footage of the bank and also recorded the statements of the bank and also recorded the statements of the bank officers present there--As per CCTV, a clip of one hour encompasses the petitioner inside the bank--Motive was attributed to co-accused who had a dispute with co-accused--Overall situation indicates that present petitioner has been involved in this case, being the brother of co-accused--Plea of Alibi has also been appreciated by the police--Post arrest bail is allowed. [Pp. 1265 1266] A B 2021 SCMR 63 ref. ORDER Petitioner seeks post arrest bail in case FIR No. 77/2022 dated 22.02.2022 under Section 302/34, PPC Police Station Doulat Gate, Multan. 2. The petitioner is under the allegation of making a fire shot with pistol which upon the chest of Zeeshan and pistol butt on the left cheek of deceased. Co-accused Madni, real brother, was also under the allegation of making fire shot upon the body of Zeeshan. 3. Learned counsel for the petitioner contends that he has been falsely involved in the case being the brother of Madni, co-accused, otherwise, he was not available at the place of occurrence, his plea of alibi has been verified by the police during investigation, according to which the occurrence was of 2.35 p.m. on 22.02.2022, whereas, his presence around that time was found in the bank at a distance of 6/7 kilometers away from the place of occurrence. In support of his contentions learned counsel has placed reliance on the case “Jahanzeb and others VS State through A.G. Khyher Pakhtunkhwa Peshawar and another” (2021 SCMR 63). It was seriously resisted by learned counsel for the complainant who Stated that according to police investigation the plea of alibi was not raised at the initial stage. When he joined the investigation on 20.03.2022 he raised his plea for the first time and police after attending the material then…

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