Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/324/109/148/109

Criminal Procedure Code (V of 1898) S. 497(2) Penal Code (XLV of 1860), Ss.302/324/109/148/149 --Bail Accused was not present on the spot and he was not alleged to have caused any injury to the deceased or to any witness Allegation against accused was only that of abetment Place and time of abetment and the names of the witnesses of abetment had not been mentioned in the F.I.R., which had been subsequently introduced through statements of some witnesses recorded under S.161, Cr.P.C. Case against accused required further inquiry as contemplated under S.497(2), Cr.P.C. Accused was 70 years of age and old age itself brings infirmity and charge against him could be determined at the time of trial Bail was allowed to accused in circumstances. Malik Asrar Elahi for Petitioner. Naseer ud Din Khan for the Complainant. Saleem Shad for the State. ORDER Through this petition under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No.114 of 2001 registered on 18 5 2001 under sections 302, 324, 109, 148 and 149, P.P.C. with Police Station Manawala District Sheikhupura on the application of Mukhtar Ahmad for an occurrence which took place on 18 5 2001 in which Abdur Rashid was done to death by the accused and Mst. Balqis Bibi received injuries. The petitioner namely Anwar Khan is not an accused and has not caused any injury or present at the spot. The only allegation against him is that due to his abetment the co accused had committed the offence. 2. Learned counsel for the petitioner contends that the petitioner is 70 years of age and no place of occurrence where the abetment was made has been shown in the F.I.R. and the witnesses subsequently have been mentioned and concocted story has been made in order to involve the elder of the main accused 3. Learned counsel appearing on behalf of the complainant has opposed this application on the ground that the name of the petitioner is mentioned in the F.I.R. and there is a material on the record to show…

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