Law: Criminal Procedure Code (V of 1898)

Section: 497

  Criminal Procedure Code (V of 1898)- ---- S.497(2) --- Penal Code (XLV of 1860), S.302/34---Bail, grant of --- Arrest of male accused had been shown in record 12 days after his actual arrest by the police --- Male accused had not made any confession before the police and nothing was recovered from him --- Female accused when produced before the Magistrate to get her statement recorded under S.164, Cr.P.C. had denied all those allegations which she had confessed before the police either against herself or against her co-accused --- Medical evidence had made the prosecution case doubtful --- Possibility of the deceased having been killed by some other person could not be ruled out as brother of the deceased had named several other persons, besides the male accused, having illicit relations with female accused --- Case against accused, thus, needed further inquiry within the meaning of S.497(2), Cr. P.C. ---Accused were granted bail accordingly. Criminal Procedure Code (V of 1898)- S. 497(2) --- Penal Code (XLV of 1860), S. 302/34 --- Bail --- Case of further inquiry --- If any accused or suspected person is found detained wrongfully much before the date he was shown arrested in the record and the police also found to improve upon the prosecution story by addition of several facts during that period -of illegal arrest, then the case of such an accused comes out of the clutches of certainty and falls within the ambit of further inquiry. Suleman Junejo for Applicant (in Criminal Bail Application No.726 of 1994). Ch. Rashid Ahmed for Applicant (in Criminal Bail Application No.709 of 1994). M.M. Tariq for the Complainant. Syed Amjad Ali Shah, A.A.-G. for the State. ORDER By this order I propose to dispose of Criminal Bail Applications Nos.709 of 1994 and 726 of 1994 filed on behalf of accused Syed Aamir Ali and co-accused Mst. Sameena respectively who are facing trial in a case arising out of F.I.R. No.220 of 1993 registered under section 302, P.P.C. at Shah Faisal Colony Police Station (CIA), Karachi. Prosecution case as disclosed by complainant S.I. Raja Muhammad Bashir in his report lodged on 24-11-1993 is that the police, as per Station Diary No.7 entered…