Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,147,148&149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 147, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon and common object---Bail, grant of---Delayed FIR---Further inquiry---Scope---Prosecution case was that the accused (Levies employee) along with others had fired upon the brother of complainant, who was performing his duties as Moalim-ul-Quran at a government school, due to which he died---Accused contended that the deceased was injured in counter firing with the Levies authorities---FIR was lodged with a delay of 15 days, that too, without any plausible explanation and no specific role was attributed to any of the accused---Case was one of further inquiry---Accused was admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Further inquiry---Scope---Further inquiry is a question which must have some nexus with the result of the case for which a tentative assessment of material on record is to be considered for reaching a just conclusion---Case of further inquiry pre-supposes the tentative assessment, which may create doubt with respect to the involvement of accused in the crime---Object of trial is to make an accused face the trial, and not to punish an under trial prisoner---Basic idea is to enable the accused to answer criminal prosecution against him, rather than, let him rot behind the bars---Accused is entitled to expeditious access to justice, which includes a right to fair and expeditious trial without any unreasonable and inordinate delay. Zaigham Ashraf v. The State and others 2016 SCMR 18 and Alam Zaib and others v. The State and others PLD 2014 SC 760 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Bail--- Further inquiry---Scope---Whenever reasonable doubt arises with regard to the participation of an accused person in the crime or about the truth, probability of the prosecution case and the evidence purported to be produced in support of charge, the accused should not be deprived of benefit of bail and in such a situation, it would be better to keep him on bail, than in jail, during the trial. ORDER IQBAL AHMED KASI,…

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