Law: Criminal Procedure Code (V of 1898)

Section: 164,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 302/34,

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Qatl-e-amd, common intention---Bail, grant of---Further inquiry---Contentions of the accused were that he had been falsely involved in the case with mala fide intention of the police, and that accused was not named in the F.I.R. but was subsequently involved on the basis of supplementary statements of witnesses---Validity---Accused was not nominated in the F.I.R. and was subsequently involved on the basis of statements made by two witnesses under S.161, Cr.P.C., wherein they stated that the accused made extra-judicial confession before them about committing the murder of the deceased---Possibility of false implication of the accused could not be ruled out---Benefit of doubt would go to the accused even at bail stage--- Co-accused was already grantedbail and keeping the accused behind bars for an indefinite period would not have served or advanced the prosecution case---Bail was granted. Ahmad Jamal v. State PLD 1996 Lah. 261; Hafiz Maulvi Muhammad Fazal Haque and another v. The State 1994 PCr.LJ 2392 and Mahmood Akhtar v. The State 1999 MLD 1206 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 164 & 497--- Bail--- Extra-judicial confession--- Scope--- Such confession without cogent corroboration was not enough to bring a case within the purview of prohibitory clause of S.497, Cr.P.C., to disentitle the accused from the concession of bail. Ahmad Jamal v. State PLD 1996 Lah. 261 rel. (c) Criminal trial--- ----Presumption of innocence--- Scope--- Police might collect incriminating material against the accused during the course of investigation but presumption of innocence still remained in favour of the accused, unless he was tried, convicted and sentenced by a court of competent court. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Release of accused on bail---Effect---Release of accused on bail did not amount to his acquittal but his judicial custody was transferred to a private person who was bound to produce the accused person before the court. (e) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Benefit of doubt--- Scope---…

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