Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.302---Constitution of Pakistan, Art.185(3)---Qatl-e-Amd---Bail, cancellation of---Case of further inquiry---No weapon was recovered from possession of accused during investigation and post-mortem examination report in respect of deceased showed that deceased had received only one fire shot---Solitary fire shot was attributed by prosecution to three accused persons and High Court released the accused on bail---Validity---Was not clear at bail stage as to whether any injury had been caused by accused to deceased or not---F.I.R. itself referred to pending litigation between parties and, therefore, possibility of spreading net wide by complainant party so as to falsely entangle accused was a possibility which could not safely be ruled out of consideration at bail stage---In respect of same occurrence local police had also registered another F.I.R. and police officer getting injured in the same incident did not incriminate accused in his deposition made before Trial Court in connection with that case---Case against accused surely called for further inquiry into his guilt---Supreme Court declined to interfere with exercise of jurisdiction and discretion in the matter by High Court---Considerations for grant of bail and those for its cancellation were entirely different---No allegation was levelled against accused regarding misuse or abuse of concession of bail granted to him by High Court---Supreme Court refused to cancel the bail---Leave to appeal was refused. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, J.---Through this petition Asmatullah petitioner/ complainant has sought leave to appeal against the judgment dated 29-11-2010 passed by the honourable Chief Justice of the Peshawar High Court, Peshawar whereby respondent No. 2 namely Nasir had been admitted to post-arrest bail in case F.I.R. No. 590 registered at Police Station Daudzai, District Peshawar on 9-10-2006 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C. 2. The learned counsel for the petitioner has argued that the necessary challan had already been submitted before the trial court and, thus,…

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