Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860)---Ss. 302/324/34/109---Qanun-e-Shahadat (10 of 1984), Art. 39---Qatl-e-amd, attempt to commit Qatl-e-amd, common intention and abetment---Bail, grant of---Case of further inquiry---Confession before police---Challan, filing of---At the time of murder, accused was abroad and only evidence against the accused was his confession before police during custody--Validity---Confession made by accused person before police in its custody was inadmissible in evidence---Nothing was available on record to connect recovered cash with alleged offences---Investigation had already been finalized and challan was submitted in Court, thus physical custody of accused was not required for the purposes of investigation---Case against accused was of further inquiry into his guilt within the purview of S. 497(2) Cr.P.C.---Bail was allowed. Syed Ehtisham Qadir Shah, Advocate Supreme Court with Mehmood-ul-Islam, Advocate-on-Record for Petitioner. Mazhar Sher Awan, Additional Prosecutor-General, Punjab for the State. Date of hearing: 9th June, 2011. ORDER ASIF SAEED KHAN KHOSA, J.--Through this petition Saeed Ahmad petitioner has sought leave to appeal against the order dated 28-4-2011 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 2233-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.1347 registered at Police Station City A-Division, Sheikhupura on 14-12-2010 in respect of offences under sections 302/324/34/109, P.P.C. 2. We have heard the learned counsel for the petitioner and the learned Additional Prosecutor-General, Punjab appearing for the State and have gone through the record of this case with their assistance. 3. The petitioner happens to be the husband of Mst. Shahida Saeed deceased and it is admitted at all hands…

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