Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 365-B

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 365-B--Bail after arrest, grant of--Allegation of--Abduction--No named in FIR--No other incriminating evidence is available on record to prima facie connect present accused-petitioner with commission of crime--All these considerations surely render against petitioner of further inquiry into his guilt--The insight and astuteness of further inquiry is a question which must cave some nexus with result of case for which a tentative assessment of material on record is to be considered for reaching just conclusion--The case of further inquiry pre-supposes tentative assessment which may create doubt with respect to involvement of accused in crime--Held: It well settled lay that object of al is to make an accused to face trial and not to punish him/her as an under trial prisoner--The basic idea is to enable accused to answer criminal prosecution against him rather than to rot him behind bar.                                                  [Para 4 & 5] A & B 2012 SCMR 1137; 2024 SCMR 594 & 2023 SCMR 734. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail--Tentative assessment--Further inquiry--The investigation has been completed--The case emanating from FIR is proceeding in trial Court--The fact remains that at this stage, no tangible evidence or incriminating material has been found or collected by I.O. against petitioner, hence, there shall be no useful purpose achieved or attained to hold him bind bars--It has been held by Hon’ble Supreme Court of Pakistan that liberty of a person is precious right which cannot be taken away unless there are exceptional grounds to do so.            [Para 6] C 2024 SCMR 205. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 365-B--Bail after arrest--Abduction--It…