Law: Criminal Procedure Code (V of 1898)

Section: 173,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.302, 324, 109, 148, 149---Qatl-e-amd, attempt to commit qatl-e-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Rule of consistency---Affidavits of exoneration in favour of accused---Effect---Allegation against six accused persons for firing indiscriminately at the deceased---No specific role assigned to any of the accused persons---Nothing was recovered from accused during investigation---Wife and injured witness submitted affidavits in favour of accused---Accused was found innocent by the police---Co-accused persons had already been allowed bail---Vicarious liability of accused for the offence was to be considered by the Trial Court after recording of evidence---Accused was a previous non-convict-Investigation of the case qua accused was complete---Case was one of further inquiry into guilt of accused-Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 173---Reliance on police report/opinion at bail stage---Scope---Opinion/report of police finding accused as innocent based on affidavits submitted by wife of deceased and injured witness---Such opinion of police could be considered at bail stage. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. Babar Masih petitioner has sought bail after arrest in case F.I.R. No. 358 of 2010, dated 19-9-2010 registered at Police Station Faizabad, District Nankana Sahib in respect of an offences under sections 302, 324, 148, 149 & 109, P.P.C. 2. The learned counsel for the petitioner contends that the petitioner has been roped in this case by the complainant with mala fide intention and ulterior motives after joining hands with the local police. The petitioner has not been attributed any specific role. In this case as many as six accused have been involved by the complainant and the allegation upon them is that they have fired on the deceased. The petitioner remained on physical remand but nothing was recovered from him and during investigation an affidavit has been tendered by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492