2019 Y L R 1895 [Lahore] 302 & 34—Qatl-i-amd and common intention—Pre-arrest bail,grant of—Benefit of doubt to be extended at bail stage

-S. 498—Penal Code (XLVof 1860), Ss. 302 & 34—Qatl-i-amd and common intention—Pre-arrest bail,grant of—Benefit of doubt to be extended at bail stage—Scope—Accused wasnominated in the FIR with the role that he, while entering into the house ofdeceased, subjected her to torture and inflicted kicks blow on her personbecause she was pregnant in consequence of illicit relations withhim—Deceased was firstly taken to the house of co-accused, where his wifeattended the deceased and later on she was shifted to hospital, where shedied—Doctor, during post-mortem examination, found all the structures healthyand no sign of physical violence was identified on the body of deceased—Noseminal material was found on vaginal swabs—No drugs/poison was detected inblood and stomach contents from the analysis of visceras—No witness wasavailable with the prosecution to prove violence committed by the accused onthe person of deceased while entering into her house—First investigationconcluded that accused had not entered into the house of the deceased orsubjected her to torture—Second investigating officer opined that no evidencewas available with the prosecution regarding culpability of theaccused—Co-accused had already been admitted to bail by the TrialCourt—Investigation was complete and sending the accused behind bars, wouldnot serve any beneficial purpose or seemed justified—Involvement of accusedon the basis of motivated prosecution could not be ruled out—Benefit of doubtarising out of the prosecution story could be extended to accused at any stageof the case—Accused was admitted to pre-arrest bail, in circumstances

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