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AZHAR ALI SHAH versus STATE


Direct evidence against the Criminal Procedure Code (CRPC) Section 497 Contempt Rule (XLT 18 of 1860), Section 302 bail Pepperside case was supported but by the circumstantial evidence that the accused's confession of the accused and the fugitive brother February proved, the suspect, who is not expected to be involved in a false case of murder of his own brother, has been accused of living with his father but disappeared shortly after the incident and He appeared six months after his passport was canceled and his warrant was issued for arrest, the accused denied bail.

1984 P Cr. L J 3220

[Karachi]

Before Munawar Ali Khan, J

AZHAR ALI SHAH-Petitioner

Versus

THE STATE-Respondent

Criminal Bail Application No. 69 of 1982, decided on 8th March, 1982.

(a) Criminal Procedure Code (V of 1898)-

-- S. 497-Penal Code (XLT-' of 1860), S. 302 - Bail - Patri cide-Case against accused hot supported by direct evidence but by circumstantial evidence which was corroborated by confes sion of co-accused and abscondance of accused--Complainant brother, of accused who could not be expected to involve his own brother in a false murder case and accused not alleging ill-will against him-Accused living with his father but disappearing immediately after occurrence and re-appearing only after six months when his passport was cancelled and warrant of his arrest issued -----All material placed together, held, clearly making out a prima facie case against accused-Bail refused.

P L D 1966 (W. P.) Pesh. 232 ref.

(b) Criminal Procedure Code (V of 1898)-

-- S. 497-Evidence Act (I of 1872), S. 24-Bail-Judicial con fession of co-accused though cannot form sole basis for conviction yet can lend support to other evidence.-[Confession].

P L D 1960 S C (Pak.) 387 ref.

Sharifuddin Ada for Applicant.

Ghulam Qadir Jatoi for the State.

Shaikh Ayaz for Complainant.

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