Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, refusal of---Accused along with his co-accused was directly charged in the F.I.R. for committing the murder of brother of the complainant; and causing firearm injuries to the complainant---F.I.R. of the cross case revealed that the complainant in injured condition was arrested on the spot and was sent to the hospital for treatment, where his report was recorded---Delay at that stage was not noticeable in circumstances---Every cross-case could not entitle an accused to the concession of bail, because the exercise of such a power was not a rule, but discretion of the court and other attending circumstances were also to be taken into consideration---Attending circumstances of' the case, in presence of ocular evidence and other material available on file, would go against the accused---Even if the case was considered to be a cross-case the question of further inquiry could not be considered, because it could not form a valid ground for the release of accused on bail, who had been directly charged in the F.I.R.---Medical report too supported the prosecution story---Offence for which accused had been charged also fell within the prohibitory clause of S.497, Cr.P.C.---Consideration of other grounds raised by counsel for accused at that stage would amount to deeper appreciation of the evidence, which was not permissible---On the tentative assessment of the material available on file, prima facie, case was made out against accused, disentitling him to the concession of bail---Bail petition was dismissed, in circumstances. Mussadiq Khan v. The State 2005 SCMR 1718; Farmaullah v. The State and 2 others 2010 YLR 670; Muhammad Yaqoob v. The State and another 2010 YLR 688 and Wahabuddin v. The State 2010 PCr.LJ 792 rel. JUDGMENT MAZHAR ALAM KHAN MIANKHEL J.---Petitioner herein has been refused bail by the Court below in case F.I.R. No.306 dated 28-6-2011, Police Station Jabar, Mardan registered under sections 302/324/34, P.P.C. and now through instant petition he seeks his release on bail as such. The learned counsel for the…

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