1994 PLP 454 (SCMR)

(On appeal from the order of the Lahore High Court, Lahore dated 27‑6‑1993 passed in Cr. M. No. 582‑13/1993). ‑‑‑‑S. 497(5)‑‑‑Penal Code (XLV of 1860), S.302/323/147/148‑‑‑Cancellation of bail‑‑‑High Court had granted bail to the accused finding case against them of further inquiry‑‑‑Accused had allegedly suspected the deceased to have illicit relations with the sister of one of the accused‑‑‑Said lady had, however, lodged F.I.R. giving another version of the occurrence after her rape by the deceased which was prior in time to the F.I.R. lodged by the complainant against the accused‑‑‑Said two reports put together and also the medical evidence which corroborated the statement of the lady and the venue of occurrence called for further inquiry in the matter‑‑‑Supreme Court declined interference. Ch. Muhammad Hussain Naqashbandi, Advocate Supreme Court and S. Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 23rd November, 1993. SALEEM AKHTAR, J‑‑‑The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail was granted to respondents Nos.l to 5.

2. The petitioner had lodged F.I.R. on 3‑6‑1991 under section 302/323/147/148, P.P.C. alleging murder of Muhammad Aslam by the respondents. It was stated in he F.I.R. that on 2‑6‑1991 at about noon time he sent his brother Aslam to the house of Bashir, his neighbour to bring Kassi. All of a sudden the complainant and the persons present there named in the F.I.R. heard the cries of Aslam. They ran towards Bashir's house and saw that Bashir, Sarfraz, Younus, Amin and Muhammad Hussain armed with Sotas had caught hold of Asiam in their courtyard and were beating him with Sotas. Due to injuries received Muhammad Aslam fell down and the accused dispersed. They therefore brought the injured to the hospital from where he was referred to General Hospital, Lahore, but he died there. For the motive, it was alleged that the accused suspected that Aslam had illicit relations with Saliman Bibi the daughter of Abdul Khaliq. However, prior to this F.I.R., Mst. Saliman Bibi had lodged an F.I.R, on 2‑6‑1991 at 8‑25 p.m. alleging that at about 12‑00 noon when she was alone in the house, Aslam entered into the house and took her inside the room and forcibly committed rape. When she raised cries, her brother Bashir Ahmad and Muhammad Hussain reached there. Due to sudden provocation on account of Ghairat, Bashir Ahmad caught hold of a Sota which was lying nearby and hit Aslam. Aslam, however, escaped and many persons who had collected, saw him going out of the house. The learned Single Judge taking note of these facts, particularly that the incident occurred in the house of the prosecutrix and that she lodged the report prior in time to the F.I.R. lodged by the petitioner, held that they constitute sufficient ground of further inquiry. The two reports put together and also the medical evidence which corroborates the statement of Mst. Saliman Bibi and the venue of occurrence call for further inquiry in the matter. Petitioner s F.I.R. was belated while the F.I.R. lodged by Mst. Saliman Bibi was earlier in time and delay of few hours was explained by her. In these circumstances, we refuse to grant leave. N.H.Q./L‑64/S Leave refused.