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---Accused was not named in the F.LR. and complainant had involved her in the case later. on through his supplementary statement---Evidentiary value of the supplementary statement of the complainant would be determined at the trial---No direct evidence was available on record to connect the accused with the crime---Trial Court was yet to determine the vicarious liability of accused in the commission of the offence---Guilt of accused required further inquiry as envisaged by S.. 497(2), Cr.P.C. and as such she was entitled to bail as of right---Accused was a woman and was in jail for the last about six months---Commencement of trial did not debar the grant of bail to accused, when she was otherwise found entitled to the same---Accused was admitted to bail in circumstances. Syed Lakhat-e-Hasnain v. The State 2010 SCMR 855; Shahzad Ahmad v. The State through F.I.A. Islamabad 2010 SCMR 1221 and Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. (b) Precedents--- ----Facts of two criminal cases seldom coincide, so each criminal case is to be adjudged in the background of its own facts and circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302/34---Qatl-e-amd---Bail---Commencement of trial---Effect---When case of an accused is otherwise found fit for bail, then mere commencement of trial cannot come as a clog in the way of the same. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 ref. ORDER CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Petitioner Mst. Razia Begum by way of the instant petition has prayed for after-arrest bail in case F.I.R. No. 101 registered under section 302 read with section 34, P.P.C. with Police Station Bhera, District Sargodha on 24-3-2010. 2. Briefly the prosecution case is that on the night between 23/24-3-2010, she out of illicit intimacy with her co-accused Muhammad Amjad, in furtherance of their common intention, has done to death her father-in-law Muhammad Siddique in order to remove him from their way. 3. It has been argued on her behalf that…

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