605/2013 Cr.Bail SOHAIL (Applicant) V/S THE STATE (Respondent)

605/2013 Cr.Bail SOHAIL (Applicant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 15-MAY-14

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd common intention---Bail, grant of--- Further inquiry---Delay in conducting identification parade---Effect---Unwitnessed murder---Accused was arrested and implicated for the offence on basis of spy information received by the complainant, five days after the incident---Accused was neither mentioned in the F.I.R. nor any weapon used in the incident was recovered from him---Complainant did not mention the circumstances in which he came to know that accused was involved in the murder---Complainant effected the arrest of accused but he was not an eye-witness of the incident---Identification parade took place after a lapse of 14 days and during such time accused remained in police custody---Such circumstances provided sufficient grounds for further inquiry into guilt of accused---Accused was in jail for more than a year and three months and investigation of the case was finalized---Accused was no more required for any further investigation---Accused was granted bail in circumstances. 2005 YLR 1637 and 1994 PCr.LJ 504 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Unwitnessed/blind murder---Bail---Scope---Further inquiry---Delay in conducting identification parade---Effect---Unexplained delay in holding of identification parade of accused created serious doubts in story of the prosecution and thus it became a case for further inquiry in terms of S. 497(2), Cr.P.C. 2005 YLR 1637 and 1994 PCr.LJ 504 rel.