Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497,498

Law: Pakistan Penal Code, 1860

Section: XLV,302,109,34

(a)    Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Bail, grant of---Further inquiry---Petitioner was charged for committing murder of the cousin of complainant---Record would show that initially nobody was charged in the FIR---However, subsequently the present accused/petitioner was arrested on the 6th day of occurrence and on the same day, the complainant recorded statement under S.164, Cr.P.C, whereby the present accused/petitioner had been nominated on the ground that since during the police investigation, the present accused/petitioner had been found connected with the commission of offence on the basis of Call Data Record (CDR), and the present accused/petitioner had allegedly been shown in contact with the deceased along with co-accused who was the wife of the deceased---Said female was also implicated in the case as an accused on the basis of same Call Data Record (CDR), however, in her case the Trial Court had granted her bail holding that the legal worth of the Call Data Record (CDR) was to be determined by the Trial Court after recording of the pro and contra evidence, but, benefit of the said ground had been refused to the present petitioner---Even otherwise, in the given facts and circumstances whether the mobile which was allegedly in the ownership of the deceased and whether the mobile which was shown in ownership of the present accused/petitioner were in fact in their ownership or not and as to what was the alleged conversation between the accused and the deceased were questions which were to be determined by the Trial Court after recording of the pro and contra evidence and thus for the time being case of the present accused/petitioner was one of further inquiry within the meaning of subsection (2) of S.497, Cr.P.C.---Even otherwise, challan in the case had already been put in Court, therefore, further custody of the accused/petitioner was neither required by the prosecution nor the same would serve any useful purpose---Bail petition was allowed, in circumstances.Noor Muhammad v. The State and another 2020 SCMR 1049 and Resham…

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