Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,33F(iii),427,109,148,149

(a) Criminal Procedure Code (V of 1898)--- ---S. 497(2)-Penal Code (XLV of 1860), Ss.302, 324, 337-F(iii), 427, 109, 148 & 149---Bail, grant of---Further inquiry---Police record showed that accused had received four serious injuries on account of which he was unable to move and was hospitalized---Said injuries were not properly explained by complainant party which, prima facie, had cast some doubt on prosecution story regarding commission of occurrence in the manner narrated by the complainant---Even otherwise accused had been declared juvenile, who was allegedly aged about 17 years one month and 25 days at the time of incident---Accused had been declared juvenile whereupon his case had been separated---Recovery of weapon of offence from the possession of accused prima facie was also doubtful, as when he was unable to move according to the record of police after sustaining injuries, it was not possible for him to take weapon and conceal same in his house---Case of accused, in circumstances was of further inquiry and it appeared that complainant had not spoken the whole truth and, prima facie, he had concealed certain facts---Though report under S.173, Cr.P.C. had been submitted in the Court, but under S.497, Cr.P.C. an accused was entitled to grant of bail at any stage if he succeeded in making out a case of further inquiry---Bail could not be withheld as a punishment that co-accused had not been arrested---Accused was released on bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 324, 337-F(iii), 427, 109, 148 & 149---Bail---Bail could not be withheld as a punishment that co-accused had not been arrested. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSTICE:---.--- The petitioner Umar Usman seeks bail after arrest in case F.I.R. No. 336, dated 7-5-2005 registered under sections 302/324/337-F(III)/427/109/148/149, P.P.C. at Police Station Saddar Sheikhupura. 2. The occurrence in the present case had taken place at 1-30 p.m. when the complainant along with his brother Sabir Hussain deceased, Nasir and Ali Raza nephew was going on a Pajero Jeep bearing Registration No. 329 towards their…

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