Case Details

Citation(s)
2003 SLG 1099 2003 SLD 1099 2003 PCRLJ 486
Peshawar High Court
Criminal Miscellaneous No. 1340 of 2002, decided on 16th December, 2002.
IJAZ UL HASSAN, J
Sher Nawaz Khattak for Petitioner. Abdul Karim Khan for the State. Malik Fakhare Azam for the Complainant.

RAB NAWAZ

VS

THE STATE and another --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)     S. 497 Bail Further inquiry Scope Particular case would only fall within the scope of further inquiry under S.497(2), Cr.P.C. if the Court reaches a conclusion that on the material before it, there are no reasonable grounds to believe that the accused is guilty of a non bailable offence or an offence punishable with death, imprisonment for life or imprisonment for 10 years In the absence of finding to this effect, there will be no occasion for the Court to hold that the case is one of further inquiry In order to ascertain that no reasonable ground exists to believe that the accused is guilty of a non bailable offence or offence punishable with death, life imprisonment or imprisonment for 10 years, the Court if the case is still at the stage of investigation will make a tentative assessment of the allegations against accused person in the light of material so far collected by the Investigation Agency to connect trim with the offence.    Shahzaman and 2 others v. The State and another PLD 1994 SC 65 ref.   (b) Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), Ss.302/324/148/149 Bail, grant of Accused was one of the persons charged with firing culminating into the murder of the deceased Fact that in the F.I.R. and in the statements of the prosecution witnesses there was joint allegation of firing and no specific injury on the deceased was attributed to the accused would not make the case against him one of further inquiry ¬Accused had been mentioned in the F.I.R. as one of the culprits with a clear role in commission of crime Sufficient material thus was available on file to associate the accused with the offence No prima facie case had been made for grant of bail Accused was denied bail in the circumstances.    Shahzaman and 2 others v. State and another PLD 1994 SC 65; Tanveer Ahmed v. Muhammad Saqib and 2 others PLD 1994 SC 88 and Syed Qamar Ahmad and others v. Anjum Zafar and others 1994 SCMR 65 rel.   1995 SCMR 310; 1996 SCMR 1125; 2002 MLD 52; 1988 SCMR 281; 1998 SCMR 354; 1998 SCMR 496 and 1996 SCMR 555 ref.   Sher Nawaz…
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