1985 PLP 41(2) (MLD)

This is a petition under section 497/498, Cr.P.C. by Ghulam Jaffar, petitioner, for bail in respect of a case instituted Against him under section 302, P.P.C. at Police Station Kamalia, District Toba Tek Singh on 11-Y-1984.

2. The prosecution case in brief is that Saeed Ahmad complainant and Zahid Rasul P.W. the cousins of Mst. Shehnaz Akhtar, deceased, happened to pay a visit to the house of the said deceased on 10-1-1984 at about Ishawela. When they entered her house, they found that Ghulam Jaffar, petitioner, the husband of Mst. Shehnaz Akntar, deceased, was abusing his wife, but on seeing them he assumed silence. In their presence, the petitioner informed the deceased that as his wife she was insulting him and he would deal with her accordingly. On the request of the deceased, Saeed Ahmad and Zahid Rasul P.Ws. stayed over night at her residence, sleeping in a separate: room from that where the deceased and the petitioner retired for the night. At about 4-9 a.m. the next day, the witnesses heard an alarm. They went to the room of the deceased, where, in' the meantime, Muhammad Shafi and Ghulam Sarwar P.Ws. the real brothers of the petitioner, had also arrived. The door of the deceased's room was open and the bulb was burning. They found the petitioner strangulating the neck of his wife, with a Danda in his hand, in their presence. The deceased died of the injuries sustained by her.

3. On behalf of the petitioner it is submitted that though the police station was only two furlongs away, there is delay of three hours in the judgment of the F.I.R. It is further submitted that the F.I.R. is silent about the petition having inflicted any injury on the deceased with his Danda. It is next contended that Muhammad Shafi acid Ghulam Sarwar P.Ws. submitted that affidavits before the Sessions exonerating the petitioner from the crime n instance and also submitting that Saeed Ahmad and Zahid Rasul P.Ws. had not stayed over night at the residence of the deceased on the day of incident, as alleged by them. Lastly, it is contended that whereas Saeed Ahmad P.W. in his F.I.R. stated that he and Zahid Rasul P.W. stayed over night with the deceased in a separate room, but the site plan shows that they stayed in the Baithak-cum-shop.

4. I have heard the arguments of the learned counsel for the petitioner, the State and the complainant and have also perused the, record. In the F.I..R. four witnesses are stated to have seen the occurrence. Two have resiled from their statements. Speed Ahmad and Rasul P.Ws still remain in the field. These two witnesses clearly allege that Ghulam Jaffar, petitioner, strangulated. Mst. Shenaz Akhtar, deceased in their presence, at which limo he had a Danda in hand and that she could not survive the injury given. Obviously, the reference to the injury is that given by the petitioner on her head. In these circumstances, the petitioner is not entitled to the released on bail.

5. For the foregoing Reasons, there is no writ in this petition, which is dismissed. The petition was admitted by my learned brother Gulhaz Khan, but as Tie is on leave today, this petition has been placed before me for disposal. M.Y.H.??????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.