1999 PLP 406 (YLR)

This is an application for cancellation of bail granted to respondent No. l by the learned Additional Sessions Judge Kasur vide order dated 24‑9‑1998.

2. Briefly stated the facts are that on 26‑7‑1998 at 5‑00 p.m. Muhammad Younas son of the complainant was called from his house by Muhammad Haroon Khan accused/respondent who did not turn up till late night. On the next day at 5‑00 a.m. the complainant was informed by Muhammad Siddique son of Muhammad Yousaf that dead body of his son was lying in the street near the houses of Nasroo Khan and Sher Khan. The complainant informed his relatives and reached the place of occurrence alongwith Abdul Hameed Khan and Muhammad Hanif Khan. He suspected that Muhammad Haroon Khan, Yaqoob Khan and Nasroo Khan had committed the murder of his son. He further stated that motive behind this occurrence was that Yaqoob and Nasroo suspected that the deceased had illicit relations with their daughters. Leaving the dead body under the supervision of Abdul Hameed Khan arid Muhammad Hanif Khan, he made for the police station and lodged report. Hence this case.

3. The accused/respondent Muhammad Haroon Khan applied for bail which relief was granted to him vide order dated 24‑9‑1998.

4. The complainant/petitioner has felt aggrieved of the said order and has filed the instant petition for recalling the same.

5. Arguments have been heard and record perused.

6. The main contention of learned counsel for the petitioner/complainant is that since the deceased was last seen with the accused/respondent and identity card of the deceased was recovered at his instance, so he stands fairly connected with the commission of this offence and the learned trial Court was not justified in granting the relief of bail to him.

7. Conversely, the impugned order has been supported by learned counsel for the accused/respondent. His contention is that no motive has been attributed against the present accused/respondent, that a specific motive has been attributed to Yaqoob and Nasroo Khan and none of them has been apprehended so far and on the other hand they have been declared innocent by the Investigating Agency, that even the dead body of the deceased was not found lying in front of the house of the accused/respondent and the same was found in front of the houses of Nasroo Khan and Yaqoob, that house of the accused/respondent is situated at a distance of 5 acres from the place of occurrence, that the evidence so far collected has not revealed that any of the witnesses had even seen the accused/respondent committing the murder of the deceased, that the mere fact that the deceased was last seen with the accused/respondent and his identity card was recovered at his instance is not sufficient to connect the accused/respondent with the commission of this offence and lastly that having been released on bail, the accused/respondent has not misused the concession of bail and that challan has been submitted in Court.

8. From the facts stated above, it is clear that the only piece of evidence against the present accused/respondent is that he was last seen with the deceased and copy of National Identity Card of the deceased was recovered at his instance. Specific motive has been attributed against Nasroo Khan and Yaqoob but none of them has been interrogated in its real sense and they have been declared innocent by the Investigating Agency. The dead body of the deceased was not found lying in front of the house of the present accused/respondent. On the other hand it was found lying in front of houses of accused who have been declared innocent. Even if it is assumed that the deceased was last seen with the accused/respondent and copy of National Identity Card of the deceased was recovered from his possession, the said evidence is not sufficient to recall the order of bail which has been passed by the Court of competent jurisdiction after hearing the parties at length and which has not been misused, as there is no such allegation. Accordingly, the petition fails and is hereby, dismissed. N.H.Q./R‑87/L Petition dismissed.