Law: Criminal Procedure Code (V of 1898)

Section: 161,173,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Complainant claimed that he was an eye-witness of the crime yet he did not nominate anyone in the FIR, and only did so through the supplementary statement, by simply stating that he had forgotten to do so earlier---Furthermore, one of the co-accused had obtained bail and neither the State nor the complainant had moved to cancel it, and the other co-accused was declared innocent in the investigation, which undermined the supplementary statement of the complainant---Such facts taken together made present case one of further inquiry---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. (b) Criminal Procedure Code (V of 1898)--Ss. 161, 173 497---Bail---Common practice in courts of prosecution department/law officers turning to the Investigation Officer for answers on every query put to them by the Court---Supreme Court deprecated such practice and observed that it was expected that once notice had been issued, the law officer attending to the case would have the relevant information with him, and not continuously ask the Investigation Officer in Court; that in this day and age with cellular phones in nearly every pocket, for the Investigation Officer to physically bring the police file may also not be required; that copies of challan, statements recorded under S. 161, Cr.P.C, forensic, medical and other reports could be transmitted digitally/electronically and printed out for the consideration of the Court. ORDER QAZI FAEZ ISA, JUSTICE:---.--- Through this petition the petitioner seeks post-arrest bail in case arising out of the FIR No. 78/21 dated 23 February 2021 under sections 302 and 34 of the Pakistan Penal Code registered at Police Station, Laxian, District Sargodha. 2. The learned counsel for the petitioner submits the following grounds to seek bail for the petitioner: i) Neither the petitioner nor his alleged co-accused, namely, Mukhtar and Shehzad, were nominated by the complainant, the father of the…

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