Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 201 & 34---Qatl-e-amd, causing disappearance of evidence of offence---Bail, grant of---Further inquiry---Co­-accused had already been admitted to bail and incident was unseen---About four years had passed, but the trial had not been concluded---Every citizen had a right to get speedy justice, but due to delay in trial, accused was behind the bars---Accused could not be kept behind the bars on the anticipation that tomorrow he should be convicted by the court---Accused who had admitted his presence at the scene in his confessional statement, however, had specifically stated that other person had made firing and due to his firing deceased had died---Accused, in his alleged confessional statement, had said that dead body was suppressed by him along with other accused persons, but they had already been admitted to bail---Accused was also entitled to similar treatment---Delay per se was not a ground for grant of bail, but when the delay was scandalous, the indulgence was to be shown by the court---Accused at the best, could be charged for the offence under S.201, P.P.C., which was bailable---Case was fit in which further inquiry in terms of subsection (2) of S.497, Cr. P. C. was called for---Accused was admitted to bail, in circumstances. ORDER MUHAMMAD TASNIM, J.---The applicant is booked in Crime No.108 of 2007 registered with Police Station, Muhabatdero, for offences under sec­tions 302, 201, 34,P.P.C. Briefly, the case, as stated in the F.I.R. is that the one Muhammad Nawaz, relative of complainant, for construction of his house, had borrowed Rs. 35.000 from complainant's brother Ali Muhammad. After few days, the brother of complainant asked said Muhammad Nawaz for return of his money, on which he became annoyed. On 24-10-2007, at the sun-set time, the complainant, his relatives Ghulam Nabi and Niaz were returning to village, and on reaching Haji Nasrullah Ji Mori they met the brother of complainant who was coming along with Muhammad Nawaz, Muhammad Qasim and Habibullah. The brother of complainant stated himself to be going to collect his borrowed money, and thereafter,…

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