Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,120-B,201,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 120-B, 201 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, criminal conspiracy, causing disappearance of evidence of offence, abetment, possession of illegal weapon---Bail, grant of---Further inquiry---Name of the petitioner-accused was not mentioned in the FIR which was against some unknown persons---There was also no eye-witness of the incident---Pistol was recovered in the absence of the petitioner, from his brother, for which a separate FIR had been lodged---Even if the empties recovered from the scene of the crime were matched, it was to be seen by the Trial Court after recording evidence whether the bullets were shot by the petitioner or not---Reliance on a single picture captured from a CCTV system could not be treated as a substantial piece of evidence at bail stage, rather it was subject to the evidence, as may be recorded by the Trial Court, whether it had any nexus to the scene of crime---FIR was lodged on 11.12.2002 against unknown persons but on 15.12.2022 the complainant, by means of statement recorded under section 164, Cr.P.C., implicated the petitioner on the ground that there was a quarrel between the deceased and the petitioner, which alleged incident was in the knowledge of the complainant, but no such indication or disclosure was made while lodging the FIR---Case of petitioner required further inquiry to prove his guilt which could only be thrashed out after recording of evidence in the Trial Court---Petition for leave to appeal was converted into appeal and allowed, and accused was granted post-arrest bail. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 161 & 497(2)---Qanun-e-Shahadat (10 of 1984), Arts. 38, 39 & 40---Confession made by accused before the police---Such confession is not admissible. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Constitution of Pakistan, Art. 185(3)---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 the material on…

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