1983 P Cr (PLP)

Muhammad Anwar petitioner who alongwith two others is involved in 3 case under section 302, P. P. C. has moved this petition for bail The pro secution version is that about one year prior to the occurrence, Muhammad Anwar petitioner developed illicit relations with Mst. Aasia. When her father Ahmad complainant and her mother Mst. Rasulan deceased came to know of this situation, they stopped Mst. Aasia from meeting the petitioner. Thereafter the petitioner took Mst. Aasia to village Parr and kept her in the house of co-accused Sultan. The complainant made efforts for the restoration of his daughter but to no avail. Thereafter a temporary patch up took place and the complainant and his wife started visiting their daughter in the house of the petitioner. During this period the deceased tried to bring back Mst. Aasia to her house but her plan failed as the petitioner gained know ledge of the same. On 12th September, 1981 at sehriwela Mst Rasulan Bibi deceased told the complainant that the petitioner and his co-accused were present at the bank of the minor and she was going with them to village Parr. He allowed her to go but she did not return till night. On the next day the complainant set out in search for her. Jahana and Arif P, Ws. informed him that they had seen the deceased going on the bank of the semnala with the petitioner and his co-accused in the morning on 12th September, 1981. On 15th September, 1981 the complainant learnt that the dead body of a woman was found near the bridge of Meryamabad Minor, upon which he went to Police Station Khanqah Dogran and identified the clothes and photograph of the deceased.

2. The petitioner and his co-accused applied for bail before the Sessions Court. The learned Sessions Judge granted bail to the co-accused of the petitioner on the ground that their case was one of further enquiry. This concession was, however, declined to the petitioner on the ground that he was the principal accused and a definite motive had been attributed to him.

3. I have heard the learned counsel for the parties. There is no direct evidence of the murder and the case of the prosecution rests on the evidence of last seen furnished by Jahana and Arif P. Ws. and the motive attributed to the petitioner. There is substance in the contention of the learned counsel that if the petitioner had gained knowledge of the plan of the de ceased to take back Mst. Aasia to her house, the deceased would never have gone with the petitioner at that odd hour (sehriwela) on 12th September, 1981. Considering all the facts and circumstances, I feel that the case of the petitioner also needs further enquiry. Consequently, I admit him to g bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sheikhupura. Ball granted.