2001 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), Ss.302/364/201/34

Bail, grant of

Rule of consistency

Recovery of tractor-trolley

Trolley was used to remove dead body of deceased from place of occurrence

Accused was not owner of the tractor-trolley and the same was owned by the co-accused who had already been allowed bail

No items such as blood-stained earth or any weapon of offence had been recovered at the pointation of the accused-- Mere recovery of the tractor-trolley was not sufficient to disentitle the accused from the concession of bail

Accused was allowed bail in circumstances. Ch. Abdul Ghaffar for Petitioner. Ehsan Wyne for the Complainant. Sher Muhammad Gujjar for the State. The petitioner through the present petition has sought post-arrest bail in a case registered vide F. I.R.' No. 1031 of. 1999, dated 6-12-1999 under sections 302/364/201/34, P.P.C. at Police Station Saddar, Pakpattan Sharif.

2. I have heard the learned counsel for the petitioner as well as the learned counsel for the State and the complainant. Learned counsel for the complainant has argued that the case of the present petitioner is different from Riaz Shah co-accused who was allowed bail by me in Criminal Miscellaneous No.741/B of 2000. The base of this assertion is, firstly, that the police has found the present petitioner guilty while the police investigation had shown Riaz Shah to be innocent, secondly, learned counsel for the complainant has pointed out that the petitioner is implicated through statements of witnesses recorded under section 161, Cr.P.C. and that he had identified the tractor-trolley on which the body of Fida Hussain deccased was allegedly removed from the scene of occurrence. An extra-judicial confession has also been referred to by learned counsel for the complainant. I have considered these submissions and note that the identification of the tractor trolley in question, which allegedly belongs to another accused, namely, Rafique Shah son of Noor Shah, has not been sufficient to disallow bail to him by the learned Sessions Judge. Furthermore, no items such as bloodstained earth or any weapon of offence have been recovered at the pointation of the petitioner. The petitioner is behind bars since 23-12-2000 while Rafique Shah son of Noor Shah and Riaz Shah co-accused have been allowed bail. Two of the other co-accused, namely, Habib Shah son of Noor Shah and Mustafa are absconders and have been declared proclaimed offenders.

3. In view of the above circumstances, the guilt of the petitioner is matter of further inquiry. 1, therefore, allow bail to the petitioner on his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the likeamount to the satisfaction of the learned trial Court. Q. M. H./M. A. K./R-41/L Bail granted