Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 161---Penal Code (XLV of 1860), Ss.302, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Fur-ther inquiry---Delay in conclusion of trial---Implication on basis of supplementary statement of complainant---Non-con-ducting of test identification parade---Rule of consistency---Delay in lodging F.I.R.---Effect---Accused was not nominated in the F.I.R., which was registered with a delay of one day without any explanation---Name of accused was introduced through supplementary statement of complainant, without disclosure of any source of information---Co-accused persons had already been granted bail---Nobody had seen accused committing murder of deceased---No test identification parade was conducted to positively connect accused with the commission of the alleged offence, which was mandatory in cases similar to the present one---Delay in conclusion of trial could not be attributed to accused---Bail application was allowed and accused was granted bail on merits as well as on the ground of delay in conclusion of trial. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 161 & 497---Bail---Implication of accused on basis of supplementary statement of complainant---Effect---Supplementary statement had no value in the eyes of law. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Hafiz Faqeer Hussain petitioner has sought bail after arrest in case F.I.R. No.823/2005, dated 29-11-2005 registered at Police Station Hanjarwal, Lahore in respect of an offence under section 302, P.P.C. read with sections 148 and 149, 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 is not named in the F.I.R. and he is involved in this case through supplementary statement got recorded by the complainant on 2-12-2005 in which no source of information has been mentioned by the complainant as to how he came to know about the name of the…

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