Law: Criminal Procedure Code, 1898

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail - Murder case - Alibi - Plea of alibi raised during investigation and also at commitment stage-Responsible officials produced in support of plea-Evidence as a whole prima facie making out that reasonable grounds do not appear for believing that accused were guilty of an offence punishable with death or imprisonment for life-Accused admitted to bail, in circumstances of case.-[Bail-Evidence-Alibi, plea of]. Nadara v. Jamait Khan and another P L D 1968 S C 310 Tel. Nadara v. Jamait Khan and another P L D 1968 S C 310 ; Nisar Ahmad v. The State P L D 1971 S C 174 ; Mst. Jantan Bibi v. Sher Muhammad and another 1968 S C M R 795 ; Muhammad Roshan v. Ahmad Khan and another P L J 1974 Cr. C (Lah.) 185 ; Muhammad Hussain v. Muhammad Anwar Ahmad Khan and another 1975 S C M R 151 and Muhammad Anwar Samma and another 1975 S C M R 219 ref.                                                                                                                  JUDGMENT A case is registered under section 302/34, P. P. C. and 452, P. P. C. at Police Station Gulberg, Lahore, against the petitioner and Sobail Butt absconder. The allegation against them is that at 12-15 a.m. on the night between the 7th and 8th of June 1974, Sohail Butt absconder armed with revolver and his maternal uncle Muhammad Iqbal Butt petitioner armed with 12-bore gun trespassed into the house of the complainant party and climbed their roof while the members of the complainant party, namely, Shahid Arsbad, Zia-ul-Haq, Mst. Tasneem Firdous and their parents were lying on their cots and talking to one another. Muhammad Iqbal Butt petitioner is stated to have fired his gun and the shot hit the father of the complainant Shahid Arshad on the back. Thereupon, the mother of the complainant sat up and Sohail Butt absconder fired at her through his revolver. The shot hit on her chest. Thereafter,…