Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Code of Criminal Procedure, 1898

Section: 497(2)

Summary:

The Court allowed the Criminal Petition for Leave to Appeal by setting aside the High Court’s order refusing bail to the Petitioner for the alleged murder of a minor with others under Sections 302 and 34, Pakistan Penal Code. The Court found the evidence, especially the Forensic Science Laboratory report, inconsistent regarding the weapon linked to the Petitioner and noted the sole eyewitness did not specify distinct roles, thus the Petitioner was entitled to bail under Section 497(2) Cr.P.C. The Petitioner was admitted to post-arrest bail subject to conditions.

Core Points:

• FIR registered against Petitioner, Shahid, and Basit for alleged murder under Sections 302 and 34, PPC.
• Petitioner and co-accused denied bail by Sessions Courts and High Court.
• Allegation involved firing with a common intention due to family property dispute.
• Basit granted bail earlier; Petitioner and Shahid’s bail refused initially.
• Weapon recovered from Petitioner but FSL report showed mismatch with crime scene empties.
• Sole eyewitness (mother of deceased) gave generalized statement without specifying individual roles.
• FSL report not disputed by Prosecution's counsel.
• Trial court to decide case on merits; observations by this Court are tentative.
• Petitioner allowed post-arrest bail under Section 497(2), Cr.P.C., with surety and bond conditions.

Law & Section:

JUDGMENT