Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-(Murder-case] -Both applicant and his accomplice pointing out place from where dead body found, at one and same time-Only allegation against applicant being that of his having been last seen with deceased-Case of co-accused, already released on bail, more or less similar to that of applicant-- Applicant's case, held, also requires further inquiry, as contemplated by S. 497 (2), Cr. P. C. in circumstances-Bail allowed. Muhammad Akbar Tariq v. State 1977 P Cr. L J 540 ref. Date of hearing : 2nd August, 1980.                                                                                                                                                            ORDER The applicant has been sent up to stand trial under section 364/302, P. P. C. The allegations against him are that he along with one Kamman Mirbahar went to the house of the deceased on 2nd July 1979, and called him that he was sent for by his zamindar Saleh Shah at Latifabad. The deceased who accompanied the applicant and Kaman never returned thereafter. The complainant who is brother of the deceased after making inquires about the deceased lodged his F. I. R. on 11thJuly, 1979, at Police Station, Jamshoro of District Dadu. The Police after usual investiga tion sent up the applicant, Kaman and two others whose names were disclosed as a result of investigation of this case to stand trial for the above offences. The learned counsel for the applicant contends that only piece of evidence against the applicant was that the deceased was last seen with him and Kaman. The allegation that the applicant and Kaman pointed out the place from where the dead body of the deceased was found requires examination. Moreover Allahdino and Gul…