Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302, 34, 452

Criminal Procedure Code (V of 1898) S. 497-Bail-Raising of lalkara not equated with proverbial lalkara-Petitioner shouting 'set fire' and his co-accused setting same-Plea of alibi not conclusively ruling out possibility of petitioner's presence on scene of crime at relevant time-Such plea not accepted by Investigating Officer although recorded state ments of persons swearing affidavits-Contentions raised for petitioner requiring deeper appraisal of evidence-Elaborate sifting of evidence, or conclusive finding regarding guilt or innocence of petitioner, held, cannot be given at time of consideration of bail application-Such finding likely to frustrate functions of trial Court, besides, prejudicing case of prosecution or defence-Bail refused in circumstances of case-Penal Code (XLV of 1860), Ss. 302/34 & 452.-[Alibi].                                                                                                                                           JUDGMENT The petitioner seeks grant of bail, in a case registered against him and two others, under sections 302/34, 452, P.P.C at Police Station, Civil Lines, Lahore, for causing murder of Mst. Amina, the mother of Zaheer-ud-Din complainant. 2. According to the prosecution version, on 26-7-1979 at about 8.45 p.m. the complainant alongwith Tariq Naeem, Muhammad Rafi and Muzaffar Hussain was sitting in the lawn of his house, situated in Upper Mall Scheme Lahore, when a car entered the gate and halted. Yaqoob servant of the complainant went ahead and then informed the complainant that some "Nanna" a friend of Arif was calling him. The complainant sent him to the deceased, to enquire about Arif from her. It is alleged that in the meantime, the deceased herself, came near the car to report that Arif was not present at home. It is also alleged that the…