Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34/302

(a) 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 nominated in the F.I.R. wherein the complainant had stated that he had seen two persons running .out of the house---.Accused was close relative of the complainant and there was no question of misidentity of the accused if he had, participated is the occurrence---During investigation nothing was recovered from the possession of the accused to connect him with the commission of the crime---Subsequently, the complainant had changed his version which had caused serious doubt in the prosecution case and as to which version was correct, was to be seen at the trial after recording of evidence of prosecution witnesses---Benefit of doubt had to go to the accused at any stage---Case of the accused being of further inquiry covering under S. 497(2), Cr. P. C. , the accused was released on bail. (b) Criminal trial--- ----Benefit of doubt---Benefit of doubt had to go to the accused at any stage. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSTICE---.--- Through this application under sections 497/498, Cr.P.C. petitioner seeks bail after arrest in case F.I.R. No.443 registered on 4-12-2002 under section 302/34, P.P.C. at Police Station, Mumtaz Abad, District Multan on the application of Rana Mumtaz Ali. 2. The brief allegation mentioned in the F.I.R. is that on 4-12-2001 at about 4-00 a.m. complainant and his son Habib-ur -Rehman were taking meals of 'Sehri', which was being served to them by his another son, namely Mujeeb-ur-Rehman. In the meanwhile, they heard the noise of knocking the door whereupon the complainant and his son Habib-ur-Rehman rushed towards the main gate and saw two persons while running out of the house whereas his son Mujeeb-ur Rehman was found lying in an injured condition due to firing near the main gate. Both the persons had succeeded in running away on motorcycle whereas Habib-ur-Rehman succumbed to the injuries at the spot. 3. Learned counsel for the petitioner contends that in the five investigations so far conducted in this case the petitioner has been found innocent, but, the complainant and his son have…

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