| Citation(s) |
|---|
| 2026 SLG 3763 = 2026 SLD 3763 |
Criminal Misc. No. 345-B of 2022
Presented By: ARBAB MUHAMMAD TAHIR
15.04.2022 Mr. Ajmal Raza Bhatti, Advocate for petitioner. Syed Ali Raza, Advocate for respondent. Mr. Shahbaz Shah, State counsel alongwith Fakhar Abbasi, S.I.
Muhammad Shahbaz.
VERSUS
The State, etc.
Law: Pakistan Penal Code (PPC),1860
Section: 302,34
Summary
The petitioner sought post-arrest bail in an FIR registered under Sections 302/34 PPC, alleging that he, along with co-accused, was involved in the murder of Sheraz Khan.
The Court held that although the occurrence was unseen, there was sufficient incriminating material connecting the petitioner with the offence. The complainant's statement, witnesses' statements, and Call Detail Record (CDR) placed the petitioner near the place of occurrence at the relevant time. The police investigation also found him involved. Since the offence under Section 302 PPC is punishable with death and falls within the prohibitory clause of Section 497 Cr.P.C., the petitioner failed to establish grounds for bail.
The Court reiterated that at the bail stage only a tentative assessment of the evidence is required, and where tangible material prima facie connects the accused with the offence, bail should be refused.