Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497

Law: Pakistan Penal Code, 1860

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail on ground of further inquiry---Accused would only be entitled to bail when Court, on tentative assessment of the material brought before it, reaches the conclusion that no reasonable grounds exist for believing that he is guilty of a non-bailable offence, or an offence punishable with death, imprisonment for life or imprisonment for ten years---Court in absence of any such finding is debarred to hold that the case is of further inquiry entitling the accused to bail within the meaning of S.497(2), Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/324/34---Bail, refusal of---Accused was nominated in the F.I.R. with the specific and express role attributed to him---Ten crime empties were recovered from the place where the accused was shown to be present---Accused had absconded after the occurrence---Bail was declined to accused in circumstances. . JUDGMENT Petitioner Geraz Khan stands involved in case F.I.R No.109 dated 2-10-2003 registered at Police Station, Kakki, District Bannu at the instance of complainant Umar Daraz Khan for offences under section 302/324/34, P.P.C. The petitioner has moved instant petition under section 497, Cr.P.C for his release on bail after refusal of the same from the two Courts below vide orders dated 12-1-2004 and 29-1-2004 respectively. 2. The precise allegation against the petitioner is that he on 2-10-2003 at 1700 hours alongwith his co-accused committed the murder of Umar Ayaz, brother of the complainant and attempted at the life of complainant. 3. Mr.Gauhar Zaman Khan Kundi, Advocate for the petitioner submitted that there is no impartial, non-partisan and credible eye­witness to the occurrence; that there is nothing in support of the motive as alleged in the F.LR and that there are no reasonable grounds to connect the petitioner with the commission of crime and his case not only requires further probe but he is also entitled to reap benefit of doubt even at bail stage. He placed reliance on 1997 SCMR 915. 4. Conversely, Mr. Muhammad Sharif Chaudhary, learned Deputy Advocate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492