Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of---Further inquiry-- Accused was not named in F.LR.---Co accused was shown in F.I.R. to have fired at the deceased---Alleged occurrence had taken place at night---Police in investigation had declared the accused nominated in F.I.R. as innocent, but instead had arrested accused who was not named in the F.I.R.-- Complainant, in supplementary statement had shown suspicion that accused had murdered the deceased---No other incriminating evidence was on record against accused except recovery of alleged crime weapon about which accused had taken plea that it was planted on him---Case against accused had become of further inquiry into his guilt and was covered under S. 497(2), Cr. P. C. -- Accused who on merits was entitled to bail, could not be kept in jail---Accused was admitted to bail. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE---.--- Liaqat Ali petitioner seeks after arrest bail in case F.I.R. No.235 dated 19-7-2001, under section 302/34, P.P.C. with Police Station Sadar, Kabirwala, District Khanewal. 2. Briefly the prosecution case as per F.I.R. is that he has committed the murder of the deceased Maqbool. 3. It has been contended on his behalf that he has falsely been roped in; that he is not named in the F.I.R. that there is no incriminating evidence against him; that the recovery of the alleged crime weapon has been planted upon him and he has never led to any such recovery; that during the investigation the accused nominated in the F.I.R. has been found to be innocent and thereafter prosecution has changed its version and has brought him for the nominated accused in the F.I.R.; and that he is behind the bars and is previous non-convict. 4. On the other hand learned State Counsel has opposed the application on the ground that during the investigation it has been found that in fact he has murdered the deceased Maqbool and that he has led to the recovery of the crime weapon. 5. I have carefully considered the submissions advanced from both the sides with the help of the available record. 6. The fact remains that he is not named in the F.I.R. In the…

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