Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(2),,,,302, 311, 109 & 34

Law: Pakistan Penal Code, 1860

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 311, 109 & 34 ---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, abetment , common intention---Post arrest bail, grant of---Further inquiry---Record revealed that the event/occurrence in hand was unseen in its nature and kind, as the complainant/Sub-Inspector initially took up the matter for investigation/report on the strength of source report based on rumors prevailing in the locality in respect of unnatural death of the deceased lady as if she had allegedly been administered poison and done to death on the alleged pretext of honour---No doubt, the exhumation report spoke about a ligature mark of 04 c.m. around the neck of the deceased, however, it was yet to be determined by the Trial Court, after recording of evidence pro and contra, whether it was an act of the single accused i.e petitioner or whether other inmate of the house of the accused-party had also participated in the same---Therefore, said element alone made the case of the accused /petitioner arguable for the propose of bail---Even otherwise, evidentiary value of the prosecution's evidence, in particular statement of the mother of the deceased, and guilt of the accused/petitioner would be adjudged by the Trial Court after recording of evidence pro and contra--For the time being, the case of the accused/petitioner was one of further inquiry--- Bail was granted to the petitioner / accused, in circumstances.(b) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 302, 311, 109 & 34---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd , abetment, common intention---Post arrest bail, grant of---Further inquiry---Compromise between legal heirs and accused---Non-compoundable offence---Legal heirs of the deceased , by placing certain documents before the Court , had shown no objection over the release of the accused/petitioner on bail---Though, out of the levied sections of law, S. 311, P.P.C., was non-compoundable, however, when other grounds available to the accused, prima facie made his case one of further inquiry, then…

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