Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,324,337-A(iii),337-F(iii ),337-F(v)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302/324/337-A(iii)/337-F(iii)/337-F(v)/148/149/109---Bail, refusal of---Charge had been framed against the accused and the case was fixed for evidence---Accused had been placed in Column No.3 of the challan---No further discussion was considered proper by High Court about the role of the accused whether motive was attributed to him or not, at such stage of the proceedings before the Trial Court---Bail was declined to accused in circumstances. 1995 SCMR 343; 1993 SCMR 1992; 2003 SCMR 958; 2002 SCMR 1415; 2006 PCr.LJ 1548 and 2006 SCMR 966 and 2006 SCMR 1292 ref. 1980 SCMR 203 rel. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, J.--- In support of this petition, learned counsel for the petitioner submits that "Lalkara" which was allegedly raised by petitioner according to the F.I.R. was after the firing at the deceased, that co-accused Abdul Waheed Butt, who was assigned the role of abetment/conspiracy, was allowed bail by this Court and against the order of this Court an application for cancellation of bail was moved, which was withdrawn from the Apex Court, that along with petitioner his son Mohsin was also involved, that he was found innocent by the police and placed in Column No.2 of the challan, that he along with his son is being falsely implicated because it was the petitioner, who had lodged the case against the complainant party and others for the murder of his son Ali while Mohsin was eye-witness in that murder case. Adds that Muhammad Rafique complainant and injured Muhammad Sarwar are not sons of Muhammad Amin deceased because according to him the list of heirs attached by the police on the judicial file shows the name of father of both complainant and injured Muhammad Sarwar as Sajjad and that case of the petitioner is one' of further inquiry falling under sub-clause (2) of section 497, Cr.P.C. He has relied upon 1995 SCMR 343, 1993 SCMR 1992, 2003 SCMR 958, 2002 SCMR 1415, 2006 PCr.LJ 1548 and 2006 SCMR 966 and 2006 SCMR 1292. 2. On the other hand, learned A.P.G. assisted by learned counsel for the complainant submits that challan was submitted on 25-9-2006, petitioner…

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