Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ---Ss. 497/498---Bail---Affidavits filed by witnesses in bail application---Scope and value of such affidavits---Duty of court stated. Following are the principles on the subject: (1) Affidavits of witnesses and the complainant subsequently - filed cannot be regarded as evidence and cannot be acted upon unless Court is satisfied that they are true and reliable. (2) Court just cannot ignore these affidavits and it has to take them into consideration. (3) When the affidavits deviate from earlier statements and the affidavits are on oath, the Court has to consider their effect qua further inquiry in respect of the incident. (4) Court has to be very careful and must, in the presence of affidavits decide bail application on its own merits. (5) Every affidavit should not be treated as be all and end all of the case of prosecution. (6) Court has to weigh the circumstances and then come to the conclusion whether what weight, if any, is to be attached to these affidavits. (7) Since at the bail stage, assessment is tentative, weight assigned to the affidavits will also be tentative in nature. Mohammad Nawaz alias Najja v. The State, 1991 SCMR 111; Allah Bakhsh v. Nazar Hussain Shah and another 1979 SCMR 137; Rahmat Ali and another v. the State 1979 SCMR 30; Mumtaz Ali v. The State 2006 YLR 3029; Mohammad Najeeb v. The State 2009 SCMR 448; Ali Gul and 3 others v. The State 1986 PCr.LJ 433; Muhammad Nawaz and others v. the State 1989 PCr.LJ 1126; Ghulam Qadir v. The State Cr. B.A No.S-121 of 2011 and Nasir Ahmad v. The State PLD 1997 SC 347 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss.497 & 498---Penal Code (XLV of 1860), Ss.310-A/311/355/350---Giving a female in marriage or otherwise in badal-i-sulh---Bail, grant of---Further inquiry---Only evidence available against the accused was the statements under S.164, Cr.P.C. of four girls---One of the girls was 4/5 years old, other 7/8 years old, another one 5/6 years old and the 'last one was 15/16 years old---None of them had witnessed the alleged Jirga being held or were present in the Jirga---Said girls even did not .state as to how they came to know about the conduct…

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