Law: Criminal Procedure Code, 1898

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302, 324, 148, 149

PLJ 2026 Cr.C. (Note) 17 [Lahore High Court, Lahore] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 324, 148 & 149--Post-arrest bail--Murder--But below--land dispute--Alleged murderous assault--No fire-arm attributed--medical opinion--Injury not cause of death--Two contradictory version--Vicarious liability--Will be determined by trial Court--Benefit of doubt--Further inquiry--Bail not punishment--No doubt in a post-arrest bail, only tentative assessment was to be made and deeper appreciation or evaluation of evidence at this stage was neither desirable nor permissible but benefit of doubt could be extended to accused even at bail stage if facts of case so warrant--From facts and circumstances of case, petitioner’s involvement in this case had become doubtful and his case squarely falls within purview of sub-section (2) of section 497 Cr.P.C and bail could not be withheld as a strategy of punishment--Moreover, keeping petitioner incarcerated would tantamount to punishing him before conclusion of trial--The epitome of above discussion is that petitioner had succeeded in making out a case for grant of post-arrest bail--Petition accepted.                                                                          [Para 6, 8 & 9] A, B & C Order Through this petition filed under Section 497, Cr.P.C. the petitioner craves post-arrest bail in case FIR No. 1215 dated 25.10.2023, in respect of offences under Sections 302, 324, 148, 149, PPC, registered at Police Station Kanganpur, District Kasur. 2.       Facts of the case squeezed from the crime report are that the petitioner along with his co-accused while equipped with their respective weapons launched an attack in order to forcibly occupy 3-Marlas…