Law: Criminal Procedure Code (V of 1898)

Section: 497(l) & (2)

Law: Pakistan Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898)---S. 497 --- Penal Code (XLV of IJ60), S. 302 --- Bail, grant of --- Complainant ,as well as the eye-witnesses mentioned in the F.I.R. who were all related the deceased had sworn affidavits exonerating the accused from the charge--� Reasonable grounds on the prosecution's own showing did not exist to believe that the accused was guilty of an offence punishable will death or imprisonment or life and his case needed further inquiry making him entitled to grant of bail--Accused was admitted to bail accordingly.(b) Criminal Procedure Code (V of 1898)------- S. 497--- "Reasonable grounds" ---import --- Import of the* expression "reasonable grounds" occurring in S.497, Cr.P.C. is necessarily higher than mere. suspicion. --[Words and phrases].(c) Criminal Procedure Code (V of 1898)------- S. 497(l) & (2) --- Penal Code XLV of, 1860), S.302 --- Bail --- Where reasonable grounds to believe that a person is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not exist as envisaged in S.497(l), Cr.P.C., then S.497(2), Cr.P.C. laying down the principle of "further inquiry" will come into operation and the grant of bail will follow almost as a matter of right and not as a matter of grace or concession.ORDER Misal Din petitioner aged about 22 years was arrested on the 24th of May, 1995 in pursuance of a case registered against him vide first information report No.47/95 dated the 24th of May, 1995 recorded under section 302, P.P.C. at Police Station Rojan of District Rajanpur, regarding an occurrence which took place on the same day in the area of Mauza Wah Machka which is about 10 kilometres from the said police station. The specific allegation against the petitioner is to the effect that while armed with a .30 bore pistol he proclaimed that Mst. Zaindagh deceased wife of his brother complainant Fazal Din was (Kali) with one Ali Nawaz, which means that she was having an extra marital relationship with him and tberefore, has shot her dead. 3. Complainant Fazal Din husband of Mst. Zaindagh deceased as well as Umar Bakhsh and Muhammad Bakhsh who were cousins inter se…