Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Second bail application, filing of---Fresh grounds---Scope---When first bail application of accused was dismissed as withdrawn, all the grounds available on the date extinguished, necessitating a fresh ground to be raised by the accused for purpose of repeating his bail application. The State through Advocate-General, N.-W.F.P. v. Zubair and 4 others PLD 1986 SC 173 and Muhammad Siddique v. The State and another Criminal Petition No.896-L of 2012 rel. Muhammad Riaz v. The State 2002 SCMR 184 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-e-amd, common intention---Bail, refusal of---Second bail application, filing of---Fresh grounds---Scope---First bail application dismissed as withdrawn after arguments at some length---Effect---Such withdrawal was not withdrawal simpliciter---Fact that counsel for accused withdrew first bail application, without having sensed the outcome thereof, could not be believed---Fresh ground for filing subsequent bail application was one which shot into existence after rejection of earlier bail application either on merits or having not been pressed---Request of accused for withdrawal of his first bail application would haunt all his subsequent endeavors for release on bail, till he came across a fresh ground in the real sense--- Bail application of accused was dismissed in circumstances. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.326, dated 4-5-2012, under sections 302, 34 P.P.C., registered at Police Station Ghaziabad, Lahore. 2. Precisely the prosecution case as narrated by Faizan Shaukat (complainant) is that he received a telephone call from his mother at about 12-00 noon on 4-5-2012 regarding sickness of his younger sister, on receipt whereof, he returned to his house after fetching medicine for his sister; he along with his mother, disabled sister and younger brother was present at his house on the said day when accused Aslam Dogar alias Kadi Dogar armed with pistol, Bahadar Dogar (petitioner) armed with pistol, Mst.Abida armed with sota and Bashir alias Bhola…

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