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Criminal Miscellaneous No. 710/B of 1973, decided on 14th March 1973.
‑‑ Ss. 497(2) & 498‑Bail‑Deceased found hanging from a tree with a noose around his neck‑Only evidence against accused petitioners being that deceased was last seen alive in their company earlier in day and of petitioners having made an extra‑judicial confession to two unimportant persons of another village‑Contention that if petitioners took trouble to conceal their guilt by making it appear that deceased committed suicide, no earthly reason appeared for them to have gone and made a clean breast of it to two unimportant persons who could not help him in any manner, held, plausible and petitioners' case covered by S. 497(2)‑‑Bail allowed.
Muhammad Rashid Chughtai for Petitioners.
Sh. Muhammad Usman for the State.
This is an application for grant of bail by Ghulam Muhammad, Sher and Yaqub under section 497/498, Cr. P. C. They are accused of an offence under section 302/34, P. P. C. for the murder of Nazir Ahmad (deceased) vide F. I. R. No 121/72, dated 15‑8‑1972. According to the F. I. R. lodged by Muhammad Nawaz, the brother‑of the deceased, one Abdur Rehman raised a noise whereupon he along with some others rushed up to him. Abdur Rehman informed them that the dead body of Nazir Ahmad (deceased) was hanging from a rope. The complainant and his companions went with him to the river bank and saw that Nazir Ahmad was hanging from a tree with a noose around his neck. At the end of the F. I. R. the complainant has mentioned that he has strong suspicion against Ghulam Muhammad, Sher and Yaqub petitioners and one Yusuf son of Sher. According to the petitioners they have been arrested and are under detention for the last seven months merely on suspicion, without there being any proof against them. I issued notice to the State and directed that the investigating Officer should be present on the next date of hearing. The latter is present today and has submitted that the only evidence against the petitioners is that one witness has stated that he had seen the deceased alive in the company of the petitioners earlier in the day. Moreover, the petitioners had made an extra‑judicial confession to Waryam and Fazil P. Ws. on the very day on which the F. I. R. was lodged. He has admitted that These two persons are not men of any importance and belong to another village,
2. The learned counsel for the petitioners argued drat if the petitioners had taken the trouble to conceal their guilt by making it appear that the deceased had hanged himself with a rope and had committed suicide, there was no earthly reason for them to have gone and made a clean breast of it t two unimportant persons, who could not help them in any manner, I am inclined to agree with this submission and feel that the petitioners' case is covered by subsection (2) of section 497, Cr. P. C. As such they are granted bail in the sum of Rs. 10,000 (Rupees ten thousand) each with two sureties each in the like amount to tire satisfaction of the Assistant commissioner Lyallpur.
Bail granted.
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