Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,319

Criminal Procedure Code (V of 1898)---   ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 319---Bail, grant of---Further inquiry---Framing of formal charge against the accused--Opinion of police ---F.I.R. showed that the accused due, to suspicion of illicit intimacy between his wife and the deceased, had fired straight shot of at the deceased---Superintendent of Police concerned, in investigation, had found that death of the deceased had occurred due to fire having hit the deceased accidentally and that the accused had committed offence under S.319, P.P.C. and not under S.302, P.P.C.---Accused, on submission of challan, requested to the Trial Court to frame formal charge against him under S. 319, P.P.C., but his request was declined by Trial Court observing that initially the formal charge would be framed under S. 302 P.P C.---Constitutional petition filed by, the accused against order of Trial court, was dismissed by the High Court---Framing of formal charge against the accused was another thing and question of grant, or otherwise of bail him with reference to existence of prima facie case against him or the scope of further inquiry into his guilt, was another---Trial Court though had observed that initially formal charge against the accused would be under S. 302, P.P.C., but in view of the opinion of police officer of the rank of S.P. that is was offence under S.319, P.P.C,. it was yet to be seen as to under which offence accused would be ultimately liable---Opinion of the Police through was not binding upon the Court, but at the same time was relevant circumstance to be taken into consideration while deciding bail application---Co-accused had been declared innocent in the case---Case against the accused calling for further inquiry, he was admitted to bail.   Muhmmad Khalid Abdullah Changwani for Prtitioner.   Sh. Arshad Ali for the State,   Date of hearing 13th Junuary, 2003. ORDER Muhammad Rafique, petitioner, through the instant petition seeks after-arrest bail in case F.I.R.. No.41 dated 16-3-1999 under section 302/148/149, P.P.C. Police Station Khairpur Sadaat, District Muzaffargarh. 2. Briefly the prosecution case as per F.I.R. is…

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