Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 161, 497(2) & 498---Penal Code (XLV of 1860), Ss. 302/148/149/364---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, kidnapping or abducting in order to murder---Bail, grant of---Implication of accused on basis of supplementary statement---Scope---Accused and co-accused persons allegedly kidnapped the deceased and killed him---F.I.R. attributed role of lalkara upon accused and co-accused persons whereas in the supplementary statement of complainant, they were assigned a specific role of causing fatal injuries to the deceased---Accused and co-accused persons were mentioned in the F.I.R. as unknown persons with no description provided therein--- Complainant subsequently implicated accused and co-accused persons through his statement before the police by stating that he and prosecution witnesses had verified that it was the accused and co-accused persons, who had murdered the deceased---Statement introduced subsequently by the complainant did not disclose the place where the complainant and prosecution witnesses confronted the accused and co-accused persons and as to how they were able to identify them---Subsequent statement of complainant was merely a statement made under S. 161, Cr.P.C., which had no value in eyes of law and could not be equated with the first version made in the crime report---Supplementary statement was made by complainant after six days of the occurrence, therefore, there was every likelihood that nomination of accused and co-accused persons could have been a result of due deliberation and consultation---Case was of two versions, one given in the F.I.R. and the other made in the supplementary statement, therefore implication of accused and co-accused persons required further inquiry---Interim pre-arrest bail granted to accused was confirmed in circumstances, while co-accused persons were ordered to be released on bail. 2003 SCMR 1419 and 2008 SCMR 1556 rel. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Criminal Miscel-laneous No.13981-B of 2012, Criminal Miscellaneous 14662-B of 2012 and Criminal Miscellaneous No.15028-B of 2012 are being disposed of by this single order as…

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