1986 PLP 1137 (MLD)

Criminal Miscellaneous No. 1195/B of 1985, decided on 3rd December 1985. ‑‑‑S. 497‑‑Penal Code (XLV of 1860), 5.302/364‑‑Bail, grant of‑‑Murder an un-witnessed affair and accused not named in F.I.R. as culprit‑‑Only evidence against accused being that of extra‑judicial confession and recovery of alleged crime hatchet after some months of occurrence with possibly disintegrated blood on it‑‑Petitioner allowed bail, in circumstances. Sahibzada Farooq Ali with Altaf Ibrahim for Petitioner. Javed Bhatti for the State. This is a petition on behalf of Shah Muhammad who is being prosecuted in a case under sections 302/364, 149, 148 and 109, P.P.C. for the murder of Shahadat. The occurrence allegedly took place on 20‑6‑1985 at about 3 p.m. whereas the F.I.R. was lodged by Sarfraz on 23‑6‑1985 at 7‑00 p.m. In the F.I.R. it was stated that Turej accused and others suspected Shahadat deceased of having illicit relations with his sister Mst. Halima. The complainant gave them an assurance on Holy Book that Shahadat had no relation with her. This however, did not satisfy Turej etc. accused. Shahadat deceased was employed as a Chowkidar. His whereabouts were not known for some days and as such Sarfraz complainant got the present case registered on the suspicion that Turej etc., accused have murdered him. The petitioner Shah Muhammad was later arrested during investigation. The Police found that Shahadat deceased and his brother were his tenants, that Shahadat developed illicit relations with his niece for which reason he was murdered by Shah Muhammad petitioner with hatchet.

2. I have heard the learned counsel for the petitioner and the State and have also gone through the record. The petitioner was arrested on 18‑9‑1985 i.e. after about three months of the alleged occurrence. The hatchet was allegedly recovered from the petitioner on 21‑9‑1985. The only evidence against the petitioner is the recovery of this hatchet and the alleged extra judicial confession before the complainant, Gahna and Bashir P.Ws. on 31‑7‑1985. The fact that the hatchet was recovered after some months of the occurrence on account of which the blood A must have disintegrated and there was only evidence of extra judicia confession and that the petitioner was not named in the F.I.R. as an accused, I find the case of present petitioner to be that of further enquiry. Shah Muhammad is admitted to bail on his .furnishing of bail bond in the sum of Rs. .20,000 with one surety in the like amount the satisfaction of A.C./Duty Magistrate Mian Channu. S. G. D. Bail granted.