Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497

Law: Pakistan Penal Code, 1860

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Contradiction in medical and ocular evidence---Effect---Accused and co-accused allegedly committed murder of deceased by strangulating him---Investigating Officer had not given any definite opinion qua involvement of accused and co-accused, rather their names were placed in column No.2 of the report under S.173, Cr.P.C.---Injury allegedly caused by co-accused did not find support from the post-mortem report of deceased---Such circumstances coupled with the contradiction in the ocular as well as medical account made the case one of further inquiry---Investigation of the case was complete and accused and co-accused were no more required by the police for further investigation---Accused and co-accused were admitted to bail in circumstances. Saeed Khan v. The State and another 2011 SCMR 1392 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Offence carrying capital punishment---Case of further inquiry---Plea that accused should be denied bail as offence entailed capital punishment---Validity---Where case against accused was covered under S.497(2), Cr.P.C. (i.e. it was one of further inquiry), accused was entitled to concession of bail as a matter of right. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, right of---Scope---Abscondence of accused---Effect---Abscondence of accused would not come in the way of grant of bail if he had a good case for grant of bail on merits. Mitho Pitafi v. The State 2009 SCMR 299 rel. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition, Mian Khan and Bhai Khan, petitioners have sought for their post arrest bail in case F.I.R. No.50, dated 4-2-2012, offence under sections 302, 148, 149, P.P.C., registered with Police Station, Sadar Pattoki, District Kasur. 2. Prosecution story, in brief, as per contents of the crime report is that on 4-2-2012 at 4-00/5-00 a.m., after raising lalkara by Mian Khan, accused…

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