1985 PLP 1365 (MLD)

This is a petition under section 497/498, Cr.P.C. by Ghazi, petitioner, in respect of a case instituted against him and one other under section 302/34, P.P.C. at Police Station Jalalpur Peerwala on 10-6-1984.

2. The prosecution case in brief is that on 9-6--1984 at about 2-00 p.m. Bashir, co-accused took away Fazal Abbas, deceased, from his house, in the presence of the deceased's, brother Muhammad Aslam, complainant P.W. since the deceased did not return till 6-00 p.m., Muhammad Aslam P.W. started making inquiries. He met Ashiq Hussain and Altaf Hussain P.Ws., who on inquiry, stated that they had seen Fazal Abbas, deceased, in the company of Ghazi, petitioner, and Bashir, co-accused, that day at 4-00 p.m, that both the accused were then armed with knives, that they were dragging and pushing the deceased into an oven of a brick kiln and that after some time they saw the two accused coming out and running away. Muhammad Aslam, complainant, thereupon, in company with Ashiq Hussain and Altaf Hussain P.Ws., went to the brick kiln and found the dead body of his brother Fazal Abbas lying in the oven thereof. He then went and lodged the F.I.R. On 11-6-1984, Bashir, co-accused, was arrested and, in the presence of Khalil Ahmad and Hazoor Bakhsn P.Ws., his blood-stained shirt and handkerchief were taken into possession by the police. The same day he also led to the recovery of a blood-stained knife, which vans recovered in the presence of the same witnesses, who also witnessed Cle recovery of the blood-stained earth from the oven the same day. The motive for the occurrence was that Ghazi, petitioner, suspected that Fazal Abbas, deceased, had illicit liaison with his wife.

3. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have also perused the record. It appears that Bashir, co-accused, before the police admitted the commission of the offence, though in different circumstances. According to his statement, he and the deceased had a moral relations and that when the deceased attempted to commit an unnatural offence with him and attacked with a knife, when he refused to submit, he, in self-defence, snatched the knife from the deceased and inflicted injuries on his neck with it. Apart from this admission which is recorded in the Zimini, the D.S.P., Shuja Abad, and A.S.P., Khanewal, who investigated the case, found Ghazi, petitioner, innocent In these circumstances, the question whether Ghazi, petitioner, did participate in the offence, is a matter which calls for further inquiry.

4. For the foregoing reasons, this petition is accepted and Ghazi, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees Fifty Thousand (Rs.56,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Shuja Abad. H.A.K. Bail granted.