Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 302 & 34

Law: Qanun-e-Shahadat Order, 1984

Section: 38, 39

Law: Constitution of Pakistan 1973

Section: 9

Case Summary The petitioner sought post-arrest bail in a murder case under Sections 302/34 PPC. He was not nominated in the FIR and was implicated after about nine months through a belated supplementary statement based on an undisclosed source of information. The High Court held that such a supplementary statement, without disclosing a plausible source, has weak evidentiary value and cannot alone justify arrest or continued detention. The Court further held that an alleged confession before the police is inadmissible under Articles 38 and 39 of the Qanun-e-Shahadat Order, 1984, mere recovery of a weapon without independent connecting evidence is insufficient to refuse bail, and mere involvement in other criminal cases without conviction is irrelevant. Holding that the case called for further inquiry under Section 497(2) Cr.P.C., the Court granted post-arrest bail. Tagline A belated supplementary statement based on an undisclosed source cannot by itself justify arrest or refusal of bail; such a case falls within the ambit of further inquiry under Section 497(2) Cr.P.C. ORDER; Through this petition filed under Section 497 Cr.P.C. the petitioner Umer Farooq alias Ahtisham seeks post-arrest bail in case FIR No.2131 dated 14.11.2024, registered under Sections 302, 34 PPC, at Police Station Civil Line, Mandi Bahauddin. Succinctly, the prosecution story as unfolded in the crime report is that on 13.11.2024 at about 07:30 p.m., Muhammad Faisal Shahzad, brother of Mian Hasnat Ahmed complainant, was proceeding on his motorcycle to meet an acquaintance. When he reached the street situated behind the MBM Showroom, four unknown armed persons riding on two motorcycles intercepted him from the front and behind. With a shared intention to commit murder, the unknown assailants allegedly opened fire with 30-bore pistols. The fire shots hit Muhammad Faisal Shahzad on his head, face, forehead, arms and chest, resulting in his death on the spot. The tragic incident was purportedly witnessed by Abdul Rauf and Muhammad Naseer, who also saw the fleeing culprits in the illumination of a street bulb, claiming they could identify the assailants if brought before them. Consequently,…