Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 2/365/147/148/149

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss.302/365/147/148/149--¬Bail---Three co-accused in the case had been acquitted by Trial Court under S.265-K, Cr.P.C. for lack, of evidence---Allegation against accused was that he was present in the cell where five persons were brought and killed---No new evidence had been brought against the accused on the record---Guilt of accused called for further inquiry in circumstances and he was released on bail accordingly.   Miss Farkhanda Jabeen for Applicant.   Fazalur Rehman, State Counsel.    Date of hearing: 13th August, 2001. ORDER Applicant Sarwar has sought bail in a case registered at Police Station Saeedabad for an offence punishable under sections 302/365/147/148/149, P.P.C. 2. According to F.I.R., the complainant, namely S.H.O. Safdar Ali of Police Station Saeedabad was on patrol on 26-6-1995 when he received information that dead bodies were lying in four sacks in sector 4-E. He reached there and took necessary proceedings under section 174, Cr.P.C. and got the dead bodies identified. After completing formalities he lodged F.I.R. on behalf of State on the same day against unknown persons. 3. Learned counsel for applicant contended that main accused Arshad was arrested in this case and he made judicial confession wherein he disclosed the name of present applicant also but he (Arshad) has been acquitted by the trial Court under section 265-K, Cr.P.C. Further, another co-accused was granted bail during the trial whereas the case…

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