Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302,337-H(2),34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/337-H (2)/34---Qatl-e-amd, hurt by rash or negligent act, common intention---Bail, grant of---Further inquiry---Allegation against the accused persons was that they murdered son of the complainant---Contentions of the accused persons were that neither their names were mentioned in the F.I.R. nor their features or description was mentioned therein; that accused persons were previously known to the complainant but despite such fact he did not mention their names in the F.I.R.; that the accused persons were implicated on account of the statements of the prosecution witnesses recorded under S.161, Cr.P.C.; that one of the prosecution witnesses in his statement under S.164, Cr.P.C., did not disclose the name of the accused persons; that another prosecution witness in his statement recorded under S.164, Cr.P.C., had stated that all the accused persons were friends of his deceased brother, but did not disclose their names till much later; that there was a delay of at least 15 days in recording of statements under S.161, Cr.P.C.---Validity---Neither the names of the accused persons were mentioned in the F.I.R. nor any description was provided therein---Statements of prosecution witnesses under S.161, Cr.P.C. were recorded after an unexplained delay of about 15 days, in which the names of the accused persons were disclosed for the first time---Possibility of false involvement/ implication of the accused persons could not be ruled out---Allegation against accused persons was of ineffective aerial firing---Prosecution witnesses had admitted in their cross-examination that they knew the accused persons, but despite such fact they waited for a long time to implicate them and never disclosed their names to the police till recording of statements under S.161, Cr.P.C.---Such belated statements of prosecution witnesses created reasonable doubt in the case of the prosecution, and benefit of doubt could be extended in favour of the accused even at bail stage--- Case against the accused persons required further inquiry and no reasonable grounds existed to believe that they were guilty of…

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