| Citation(s) |
|---|
| 2004 SLG 1333 2004 SLD 1333 2004 PCRLJ 1080 |
Supreme Court (AJ&K)
Criminal Appeal No.27 of 2003, decision dated: 24-11-2003. (On appeal from the judgment of the Shariat Court, dated 20-3-2003 in Criminal Revision Petition No.9 of 2002), hearing DATE : 18-11-2003
MUHAMMAD YUNUS SURAKHVI, C.J. AND CHAUDHARY MUHAMMAD TAJ, J
Ch. Ali Muhammad, Advocate for Appellant. Ch. Sakhi Walayat, Advocate. Sardar Abdul Razzik Khan, Additional Advocate General for the State
Criminal Appeal No.27 of 2003, decision dated: 24-11-2003. (On appeal from the judgment of the Shariat Court, dated 20-3-2003 in Criminal Revision Petition No.9 of 2002), hearing DATE : 18-11-2003
MUHAMMAD YUNUS SURAKHVI, C.J. AND CHAUDHARY MUHAMMAD TAJ, J
Ch. Ali Muhammad, Advocate for Appellant. Ch. Sakhi Walayat, Advocate. Sardar Abdul Razzik Khan, Additional Advocate General for the State
KHALID HUSSAIN
VS
Raja KALA KHAN and 2 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------S. 497---Bail, grant of---Principles---While considering bail matter of an accused involved in a non-bailable offence, if reasonable grounds existed for believing that he was guilty of an offence punishable with death or imprisonment for life, he would not be released on bail unless case was covered by any of provisos under subsection (1) of S.497, Cr.P.C.---To form an opinion, the Court had to look into F.I.R., the statements of prosecution witnesses recorded under S.161, Cr.P.C. and other incriminating material collected by prosecution including any plea of accused---If it appeared to the Court at any stage of investigation, inquiry or trial, that no reasonable grounds were existing for believing that accused had committed a non-bailable offence, yet sufficient grounds were available for further inquiry into his guilt, he would be released on bail under subsection (2) of S.497, Cr.P.C. (b) Criminal Procedure Code (V of 1898)----- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302/201/109/34---Bail, grant of---Post-mortem, report though prima facie had negated, story of alleged suicide of deceased, but F.I.R. in respect of murder was lodged nearly after two months of occurrence---Statement of prosecution witness was recorded after about six months who according to prosecution, had seen accused entering the deceased's house at night time---Matter of connecting accused with the offence, in circumstances required further probe as it was yet to be proved in evidence that accused had committed the offence---Question of filing delayed F.I.R. and statement of prosecution witness recorded after a considerable time, would also have to be tested in the regular evidence---Further it would be seen whether video-cassette containing conversation of accused with deceased was that of accused and deceased and that it connected accused with the offence--Accumulative effect of all said pieces of evidence had shown that the matter required further inquiry---Both Courts below, in circumstances had rightly granted bail to accused and in absence of any illegality or arbitrary exercise of jurisdiction by Court below, order granting bail to…
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