Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Bail, grant of---Further inquiry---Accused had from the very initial stage taken the plea of alibi which was thoroughly investigated by the Investigating Officer who had found accused innocent and released him under S.169, Cr.P.C.---Such release of accused though subsequently was set aside by the High Court in the quashing petition, but accused was not debarred from moving a fresh application under S.497, Cr.P.C.---Statements of independent witness recorded under S.161, Cr.P.C. and S.164, Cr.P.C., had brought the case of accused within purview of further inquiry---Plea of alibi raised by accused and investigated by the Investigating Agency could not be brushed aside outrightly, while considering the prayer of bail of accused---Placing accused in Column No.2 of the challan was another circumstance which could be taken into consideration for release of accused on bail---Even lightest doubt, if existed in prosecution story, the benefit of same would go in favour of accused---Accused in circumstances was admitted to bail. Muhammad Mumtaz and 3 others v. The State 1988 SCMR 1452; Malik Muhammad Saleem and others v. Arshad Siddiq and 2 others 1997 SCMR 1829; Qaiser Mehmood v. Muhammad Aslam and others 2004 PCr.LJ 1135; Waqar-ul-Haq v. The State 1985 SCMR 974; Bahadur v. Muhammad Latif and others 1987 SCMR 788; Malik Muhammad Saleheen and others v. Arshad Siddique and 2 others 1997 SCMR 1829; Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Muhammad Shabbir v. The State 1997 PCr.LJ 1570 and Muhammad Shafiq and another v. The State PLD 1990 Pesh. 118 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.---This is .an application for bail moved by the petitioner Muhammad Jabbar son of Gulzar Ali in case F.I.R. No.236, dated 2-11-2006 under section 302/34, P.P.C. of Police Station Basya Khel, Tehsil and District Bannu. His efforts to get the concession of bail from the learned lower fora have been proved abortive vide orders, dated 11-7-2008 and 17-9-2008 respectively. 2. According to the F.I.R. lodged by Shah Daraz Khan complainant in the emergency room of Civil Hospital, Bannu, on the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492