Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/109

Criminal Procedure Code (V of 1898) -- S. 497(2) Penal Code (XLV of 1860), Ss.302/109 Bail, grant of ¬Further inquiry Accused were not named in F.I.R., but Were impleaded as accused in supplementary statement of complainant recorded after about one and half months of the occurrence Challan though had been submitted and case was fixed for hearing, but case of accused appeared to be one of further inquiry which was covered under subsection (2) of S.497, Cr.P.C. Accused, in circumstances, were entitled to be released on bail. 1985 SCMR 195 and PLD 1989 SC 585 ref. THIS ORDER PASSED BY: MUHAMMAD KHALID ALVI, JUSTICE:---.--- Through this single order, I propose to dispose of Criminal Miscellaneous Nos.724/B of 2002 and 883/B of 2002 as both the petitions arise out of same F.I.R. 2. The petitioner's claim bail after arrest in case F.I.R. No. 453 of 2001, dated 27 10 2001 under sections 302/109, P.P.C. registered at Police Station, Arifwala Saddar, District Pakpattan. 3. Briefly facts of the case as given in the F.I.R. are that on 27 10 2001 at about 4 30 p.m. son of the complainant was proceeding to purchase cigarettes. The complainant was also following him. In the meanwhile Manzoor Ahmad alias Jhoora co accused came there armed with pistol .30 bore and raised Lalkara that he would not spare Sajid Khalil son of the complainant and fired five shots at him which hit him on various parts of the body. He fell down. On raising alarm P.Ws. attracted to the spot and witnessed the occurrence. The accused Manzoor Ahmad decamped alongwith his weapon of offence. 4. The motive as alleged is that the deceased and the accused had some political rivalry for which the deceased was killed: 5. On 9 12 2001 supplementary statement of the complainant was recorded. According to which Iftikhar and Sultan P.Ws. told the complainant on 28 10 2001 that the present petitioners alongwith their co accused were hatching conspiracy on 27 10 2001 for killing the complainant's son. 6. It is contended by learned counsel for the petitioners that the occurrence took place on 27 10 2001 but the supplementary statement was recorded on 9 12 2001, therefore, the same carries no weight at least for the…

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