Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(4)---Penal Code (XLV of 1860), Ss.302/109/147/148/149---Anti-Terrorism Act (XXVII of 1997), Ss.7/21(i)---Police Order (22 of 2002), Art.155(c)---Qatl-e-amd---Bail, grant of---Contents of F.I.R., of course, were not shock free, but courts had to decide the cases within the framework of law---Accused was not nominated in the F.I.R. and he had been implicated in the case by the complainant through his supplementary statement after five days of the incident---Police after thorough investigation had found the accused innocent and placed his name in column No.2 of the challan---Non-granting of bail after the commencement of the trial primarily related to practice of the court, whereas the law did not bar grant of bail---Right of a person in a bail matter was involved and where practice and right would go simultaneously, the right would prevail---Even under S.497(4), Cr.P.C. bail could be granted at any stage of the case---Accused was admitted to bail in circumstances. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Commencement of trial---Effect---Refusal of bail after commencement of trial primarily was a practice of courts, but the law did not prohibit grant of bail in such circumstances---Right of a person being involved in bail matter cannot be defeated simply on the score of practice---Right would prevail over practice. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(4)---Bail---Intent and import---Bail can be granted to an accused at any stage of the case. ORDER Nadeem Hussain-petitioner after having been booked in the F.I.R. No.449 dated 20-8-2010 registered under sections 302, 109, 147, 148, 149, P.P.C. read with section 7/21(i) of the Anti-Terrorism Act, 1997 and Article 155(c) Police Order, 2002, at Police Station Saddar Sialkot on the written application of Zarar Butt, seeks post-arrest bail, 2. Brief facts of the case are that Ali Peter and others committed the murder of Mughees Sajjad and Muneeb Sajjad dubbing them as muggers. 3. In support of…

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