1999 PLP 1860 (MLD)

S. 497

Penal Code (XLV of 1860) S.316/148/149/109

Bail Main offender according to the F.I.R. was the accused who was responsible for torturing the deceased with the help of co-accused by giving him "Danda", "Chhittar" and "Dung" blows

Accused had removed the deceased to the C.I.A. Headquarter after his condition had deteriorated on being tortured by the Police

Accused had also given some injection and had put something in the mouth of the deceased when he was in semi-conscious condition in the Police .lock-up, whereafter he died

Bail was refused to accused in circumstances. Syed Ahmad Saeed Kirmani for Petitioner. Ch. Rahim-ud-Din for-the State. A case under section 302/148/149, P.P.C. read with section 109, P.P.C. was registered against the petitioner and others at Police Station Karana, District Sargodha for the murder of Muhammad Hayat while he was in police custody. The learned trial Judge while rejecting the bail application vide his order dated 30-5-1998 came to the conclusion that in view of post-mortem report, the deceased was tortured to death.

2. Learned counsel for the petitioner has submitted that the offence has been changed from section 302, P.P.C. to section 316, P.P.C., thereby, making it Qatl Shibh-i-Amd liable to Diyat and imprisonment of either description for a term which may extend to 14 years as Tazir; that the petitioner is behind the bars since after his arrest on 16-12-1997 and that there is no possibility of conclusion of trial within the foreseeable future as the challan has not yet been submitted; that during the judicial enquiry it had become clear from the statement of Muhammad Ramzan, A.S.I. that the deceased was never tortured nor the latter had made any complaint to him after he was handed over to the aforesaid A.S.I. It was, therefore, alleged that it has become a case of further enquiry.

3. I have gone through the record. It is clear from the F.I.R. that the main offender in this case was the petitioner as he was allegedly responsible for torturing the deceased with the help of Muhammad Ramzan his co-accused by giving 'Danda', 'Chhittar' and 'Dung' blows. It was the petitioner who had removed the deceased to the C.I.A. Headquarter, Sargodha after his condition had deteriorated on being tortured by the police. Again, after the deceased was put into the police lock-up in semi-conscious condition, it was the petitioner who had given him some sort of injection and had put something in the mouth of the deceased whereafter, the latter had died.

4. In view of the above situation, the petitioner has no case for bail at this B stage. The petition is, accordingly, dismissed but it will not preclude the petitioner from making a fresh application before the learned trial Court after submission of challan and on the discovery of any new fact. The prosecution is directed to put up the challan in the Court concerned within one month from today. N.H.Q./M-732/L Bail refused.