| Citation(s) |
|---|
| 2011 SLG 6691 2011 SLD 6691 2011 PCRLJ 1737 |
Lahore High Court
Criminal Miscellaneous No. 359/B of 2011, decided on 5th April, 2011.
Before Shahid Hameed Dar, J
Raja Tanvir Akhter for Petitioner. Raza Zulqarnain Bhatti for the Complainant. Kh. Sohail Iqbal, D.P.-G. for the State. Muhammad Anwar Javed, S.-I. with Record.
Criminal Miscellaneous No. 359/B of 2011, decided on 5th April, 2011.
Before Shahid Hameed Dar, J
Raja Tanvir Akhter for Petitioner. Raza Zulqarnain Bhatti for the Complainant. Kh. Sohail Iqbal, D.P.-G. for the State. Muhammad Anwar Javed, S.-I. with Record.
ASJAD MEHMOOD---Petitioner
VS
THE STATE and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302/34
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302/34---Qatl-e-amd---Bail, grant of---Prosecution case was based on circumstantial evidence---Accused and his co-accused had allegedly visited the prosecution witnesses for seeking pardon and jointly admitted their guilt before them---Admissibility of such extra-judicial confession was yet to be determined by Trial Court---Witnesses of "Wajtakkar" and last seen evidence, though closely related to the complainant, had not disclosed this fact immediately to him and kept tacit for many days---Complainant even in his supplementary statement did not divulge the names of the said witnesses and he instead of referring to their names as a source of his information, had relied upon his "firm belief" to implicate the accused in the case---Circumstantial evidence was the weakest type of evidence, which could be easily procured by the prosecution, wherever direct evidence did not come their way---Case of accused called for further inquiry into his guilt within the scope of S.497(2), Cr.P.C. and he was admitted to bail accordingly. (b) Criminal trial--- ----Circumstantial evidence---Nature and import---Circumstantial evidence is the weakest type of evidence and it can be procured easily by the prosecution wherever direct connecting evidence does not come their way. ORDER SHAHID HAMEED DAR, JUSTICE:---.--- Asjad Mehmood seeks bail after arrest in case F.I.R. No.295 of 2010 dated 20-11-2010, under sections 302, 34, P.P.C. registered at Police Station Mandra, District Rawalpindi on the complaint of Raja Riffat Mehmood, the father of the deceased. 2. Precisely, the prosecution case as unfurled by the complainant in the F.I.R. is that his son Faizan aged 12, who had gone along with his elder brother Ehsan Riffat on his Suzuki van, did not return home along with his elder brother who informed his father/ complainant that Faizan had gone missing at the Adda; the poor child did not return home throughout the night and the complainant despite his best efforts failed to track down him; it was at 10-00 a.m. on 20-11-2010 when Khurram, nephew of the complainant telephonically informed him that theβ¦
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