Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,337-A(i),504/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 337-A-(i) & 504/34---Bail, grant of---Further inquiry---Prosecution witness had admitted that he had not stated in his statement recorded under S.155, Cr.P.C. that accused had hit something on the head of deceased---Not proper for the court at bail stage, to go through the evidence recorded by the Trial Court and appreciate same, however, no specific bar existed in that connection---While deciding the bail application, the court could glance over the evidence available on record and could give tentative assessment of the material so far collected---Request for bail to accused was declined twice by the High Court and now for the third time bail application was being heard after recording evidence of two eye-witnesses including that of the complainant---Grounds of inordinate and unexplained delay in recording of F.I.R.; contradictions in the contents of Roznamcha entry and in the contents of F.I.R., the close relationship of the witnesses with the deceased and their hostility towards accused, had made case of accused as that of further inquiry under S.497(2), Cr.P.C. entitling him to concession of bail. Khalilur Rehman v. The State 2008 YLR 1575; Jaffar and others v. The State 1980 SCMR 784; Amir Buksh v. The State 1985 PCr.LJ 2323 and Muhammad Hanif v. The State 1997 PCr.LJ 70 rel. ORDER KHAWAJA NAVEED AHMED, J.---This third bail application has been moved on behalf of the applicant Muhammad through his Advocate Muhammad Akbar Khan. His Bail Application No.796 of 2007 was dismissed as not pressed vide order, dated 25-9-2007. In his second Bail Application No.7 of 2008, direction was given to the trial Court to record the statement of P.W. Rashid and Arshad within two months from the date of receipt of the order by trial Court. Upon expiry of two months' period, the applicant had repeated the bail application in the trial Court, which was rejected and he had applied to this Court vide Criminal Bail Application No.7 of 2008. By order, dated 18-3-2008, co-accused Majid, Amjad and Muhammad were granted bail by me as they were not attributed fatal injury and their case…

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