2005 PLP 2537 (YLR)

This is second bail petition on behalf of the petitioner. Earlier was granted when offence was under section 364, P.P.C., therefore, Investigation Officer revealed that after abducting the deceased, he was murdered, thrown in the canal, dead-body was recovered, same was buried and when near relations of the deceased came to know about the dead-body being buried, they made an application for exhumation of the dead-body of the deceased, same was done, post-mortem was conducted, even the Virus of the deceased was sent to Chemical Examiner for D.N.A. test and according to the dead-body of Akram deceased.

2. Learned counsel for the petitioner submits that after the grant of bail, petitioner was released, thereafter, police got warrants of arrest of the petitioner and then not only the petitioner was arrested but wife of the deceased, namely, Irshad Bibi was also arrested, that except extra-judicial confession there is no other evidence on record against the petitioner, that petitioner has been falsely implicating that nothing incriminating has been recovered from him, that in fact the age of the deceased, whose dead-body was exhumed, was 18/19 years while according to near relations of the deceased he was 40/41 years of age, that case of the petitioner is of further inquiry falling under sub-clause 2 of section 497, Cr.P.C.

3. On the other hand, learned counsel for 'the State assisted by learned counsel for the complainant submits that offence alleged against the petitioner is under section 302/34, P.P.C., that in fact Irshad Bibi wife of the deceased has developed illicit relations with each other committed the murder of the deceased, that there is evidence of place of occurrence, where the dead-body of the deceased was buried, that there is an evidence of D.N.A. test and extra-judicial confession, that challan has been submitted and case is fixed for evidence for tomorrow i.e. 15-1-2005.

4. I have heard learned counsel for the parties. When the petitioner was allowed bail the offence was under section 364, P.P.C. and at that time, neither there was evidence of D.N.A. test nor exhumation of dead-body of the deceased, nor submission of challan and fixation of case for framing of charge.

5. After having heard learned counsel for the parties, I am of the considered opinion, that as the challan has been submitted, case is fixed for framing of charge and now prima facie sufficient evidence has come on record, no case for bail is made out; therefore, this petition is dismissed. H.B.T./M-1088/L Bail refused.