Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898)---   ----S. 497(2)---Penal Code (XLV of 1860), S.302---Bail, grant of--¬Further inquiry---Only piece of evidence against the accused was his dying statement in presence of his mother before his death---Said dying statement was not mentioned in the F.I.R., but was disclosed after more than three weeks---Such disclosure in dying statement had created a scope of further enquiry as contemplated under S.497(2), Cr.P.C.---Accused was entitled to grant of bail in circumstances.   1998 SCMR 526; 1997 SCMR 462 and 1998 SCMR 1578 ref.   Manzoor Ahmed Junejo for Applicant.   Sher Muhammad Shar, A.A.-G. for the State. ORDER The applicant Ghulam Sarwar seeks bail in a murder case (F.I.R. No. 15 of 2002 Police Station B Section, Sukkur), pending trial before the Court of learned III-Additional Sessions Judge, Sukkur. The prosecution case per F.I.R. lodged by Mst. Zainab on 18-3-2002 at 13-20 hours states that deceased Ali Murad was her son from her previous husband. After she was divorced by her husband, she had married with Ali Nawaz and was living in his house alongwith her abovesaid son. Ali Murad was employed in a medical store at Sukkur. On 17-3-2002, Ali Murad left for Sukkur as usual but did not return till after sunset and shealongwith her husband waited for Ali Murad till the next morning. She then in the company of her husband Ali Nawaz, and relatives Lal Bux and G. Mustafa left their house in search of Ali Murad, came to Sukkur and inquired from Abdul Lateef Sheikh of the medical store who informed them that Ali Murad had left the medical store at 12-30 of night after closing the store. While on their way back the complainant party learnt that a young man was lying in injured condition near Nao Pind graveyard, upon going there they found Ali Murad in a seriously injured condition lying unconscious near a grave. In the meanwhile a police party also reached there and the injured was taken to Civil Hospital, Sukkur. There after a report as aforesaid was lodged against unknown culprits which was registered under section 324/34, P.P.C. and section 13-D of the Arms Ordinance. The injured having died on the same day…

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