1993 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), S.302/34

Bail, grant of

F.I.R. was registered with a delay of 12/13 days which even did not indicate that the first informant was told by any witness having seen the deceased in the company of the accused

Fact of accused being Mohalladar of deceased per se could not establish his involvement in the case

Dead body was neither recovered on accused's pointation nor from his house

Accused had also been declared innocent by the police

Accused was allowed bail in circumstances. Kh. Sarfraz Ahmad for Petitioner. Kh. Muhammad Asghar for the State. Petitioner seeks bail in a case registered against him with Police Station Kotli Loharan, District Sialkot, for an offence under section 302/34, P.P.C. vide F.I.R. dated 15-6-1992. The case was got registered by Muhammad Ahmad with the allegation that his son Muhammad Saleem, aged 17/18 years used to work in the Factory of one Amanat Ali. Twelve/thirteen days before the registration of case first informant's son Muhammad Salim with Muhammad Javed went to Workshop but never came back. Ghulam Abbas petitioner was also their friend. The first informant enquired from the said factory and learnt that they had left at 12 noon and thereafter did not come back. The first informant kept on trying to trace the whereabouts of his son but failed. He alongwith other witnesses went to the house of Muhammad Saleem co-accused who, after some time confessed that Muhammad Salim was done to death with knife by the petitioner and said Muhammad Javed. Dead body was also recovered from the house of said Muhammad Javed. It was contended by learned counsel for the petitioner that case against the petitioner is absolutely false. Submitted that the petitioner at one stage was declared innocent by the police but later, on reinvestigation the police came to the conclusion that he was involved in the case. Argued that there is no evidence whatsoever available against the petitioner except the confessional statement of the co-accused. Contentions were opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the F.I.R. Though the petitioner is named in the F.I.R. yet he is described only as a friend of the deceased. The case was got registered with a delay of 12/13 days while there is nothing in the F.I.R. to indicate that the first informant was told by any witness having seen the deceased in the company of the petitioner. Petitioner was Mohalladar of the deceased but that per se would not establish his involvement. Dead body was neither recovered on petitioner's pointation nor from his house. Petitioner was declared innocent by the police. In these circumstances petitioner is allowed bail provided he furnishes security in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sialkot. N.H.Q./G-128/L Bail allowed.