Law: Pakistan Penal Code, 1860

Section: 302,148,149,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/148/149/109---Bail, grant of---Fatal injury of the deceased was not attributed to accused---Complainant had thrown a very wide net implicating ten persons including the accused in the murder of his brother---Ineffective firing had been attributed to all the accused in a generalized form in the F.I.R. by the complainant---Recovered motorcycle bearing a fake number plate allegedly used in the incident was not connected with the accused---Kalashnikov allegedly used by the accused could not be recovered from him during investigation---Accused was found innocent in investigation---Co-accused whose case was at par with that of accused had not even been arrested during investigation---Accused could not be kept as hostage for the arrest of proclaimed offenders and could not be punished for the failure of the police to ,perform their duties diligently and efficiently---Case against accused, thus, being one of further inquiry, he was entitled to bail as a matter of right, which could not be denied to him simply because the trial had commenced---Accused was admitted to bail accordingly. Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Muhammad Ismaeel v. Muhammad Rafiq and another PLD 1989 SC 585; Muhammad Saleem v. The State PLD 1989 Lahore 233 and Muhammad Umar v. The State and another PLD 2004 SC 477 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/148/149/109---Bail---Police opinion---Effect---Opinion of police is neither admissible in evidence nor binding on the Courts, but at bail stage the same can be considered by the Courts, rather after having been declared innocent accused becomes entitled to bail as a matter of right. Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/148/149/109---Bail---Commencement of trial---Effect---Accused after having become his case of further inquiry is entitled to bail as a matter of right, which cannot be denied to him on the rule of propriety which demands that ordinarily after the start of trial bail…

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