2000 PLP 1503 (YLR)

Petitioner having been arrested in the case registered vide F.I.R. No. 860 of 3-8-1998 under section 302/34, P.P.C. Police Station Saddar, Gujranwala reporting that his son Khalid Mahmood aged 1,2/13 years on the afternoon of 31-7-1998 having gone to see-off some of the relations up to Sialkot Road did not show up till evening whereupon he set in search for him, during the course whereof an inhabitant of the area of Bismillah Colony i.e. Rana Mushtaq revealed to have seen him riding an unregistered Suzuki Pick-up being driven by Naeem Masih alias Cheemi with Bawa Chhanga as the conductor whereupon he approached the former who did not give any satisfactory explanation resultantly pursued the searching pursuits conjunctively with his brother-in-law/wife's brother Muhammad Ashraf and the petitioner, during the course whereof they came across a putrified dead body of the deceased Khalid Mahmood identifying the same from his clothes in the woods adjoining canal embarkment within the area of Veenawala has sought bail.

2. Contending to have been maliciously involved in a blind murder exonerating the spelt out suspects on the basis of acclaimed extra judicial confession made before the investigating officer which is inadmissible while the plea of last seen evidence reportedly furnished by Muhammad Rafique and Ahmad Sultan maternal uncles of the deceased lacks credence for their acclaimed presence in the vicinity hailing from a distant areas is purely a matter of chance who on account of affinity ought to have promptly reported factum thereof to the complainant had they actually seen the deceased accompanying the petitioner on 31-7-1998 instead of keeping mum for 4 days from whom no incriminating article has been recovered which ought to have been the case for opined cause of death being head injury coupled with the strangulation, against whom no motive has even been alleged thus is a case of no evidence on which count he has already served 8 months' internment and with the submission of challan is no more required by the investigating agency commencement of the trial whereof is out of sight.

3. Which has been opposed by the learned counsel appearing or behalf of the complainant as well as that of the state reiterating the prosecution story without dislodging the contentions urged upon instructions imparted by the police official in attendance equipped with the record.

4. Persuaded whereby Abdul Aziz petitioner is allowed bail upon furnishing bond in the sum of Rs. 50,000 with two sureties each in the like amount to the satisfaction of the trial Court. N.H.Q./A-29/L Bail allowed.