1990 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), S.307/34

West Pakistan Arms Ordinance (XX of 1965), S.13-D

Bail, grant of

F.I.R. was delayed-- Complainant admitted waited for the Nekmards to give their Faisla

Nekmards were not interrogated during investigation nor their names appeared in the challan

Injuries on the person of deceased were found to be healed and seven days old

No crime empty was recovered from the spot

Accused remained in custody- for more than six months

Case needed further inquiry

Bail was allowed in circumstances. 1983 P Cr. L J 1478 and 1980 S C M R 889 ref Abdul Hakeem Bijarani for Applicant Muhammad Siddiq Kharal, A.A.-G. for the State Date of hearing: 5th June 1989. Applicant Habibullah and co-accused Azizulllah are facing trial for offence under sections 307/34, P.P.C. and 13-D of the Arms Ordinance. It is alleged that Habibullah fired from gun at his wife Mst. Moomal on 11-11-1988 at Somhani time and report of gunfire and cries of Mst. Moomal attracted to spot witnesses, namely, complainant Ghous Bux who as father of Mst. Moomal lying injured and Habibullah standing with gun over. her. Arirullah was also present there with hatchet. Habibullah declared that Mst. Moomal was Kari with Ghulam Hussain Golo. After that both accused persons ran away. Bail plea is urged on the ground that it is a case of further enquiry for variety of reasons. Firstly there is delay in F.I.R. and according to the A complainant as is mentioned in the F.I.R. he was waiting for Nekmards who promised that they would give a Faisla. Complainant was waiting and hence he filed F.1.R. on 31-11-1988 at 6-30 p.m. Even this fact is not supported by medical evidence, because Mst. Moomal,, was examined by the doctor on 3-11-1988 who found that she sustained six injuries from fire-arm out of which two injuries have been declared to be grievous in nature. According to the doctor injuries found on the person of Mst. Moomal were healed and were 7 days old. Secondly in challan it appears that no enquiry was made during investigation from Nckmards who had promised to the complainant to give Faisla. Names of Nckmards are not given in the challan. Thirdly no crime empty is recovered from the spot and applicant was arrested on 23-11-1988 and has remained in custody for more than six months. In support that for reasons mentioned above this is a good case for grant of bail on the ground of further enquiry reliance is placed on 1983 P Cr. L J 1478 at page 1479 and also 1980 S C M R

889. Applicant Habibullah is, therefore, admitted to bail in the sum of Rs.30,000 with one surety and P.R. in the like amount to the satisfaction of the trial Court. SA./H-212/K Bail allowed.