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Criminal Miscellaneous No. 869/B of 1978, decided on 18th March 1978.
---S. 498-[Murder-case]-Affidavits filed on behalf of eye-witnesses of occurrence as well as recovery witness of weapon of offence to prove occurrence not having been witnessed by them nor recovery made in presence of such witness-Petitioner in jail for about 2 years and 5 months-Bail allowed, in circumstances.-[Affidavit].
Mian Khurshid Alam Ramay for Petitioner.
Kh. Shaukat Ali for the State.
According to the prosecution version, the petitioner had inflicted chhuri blow to Muhammad Aslam deceased and thereby committed his murder. The occurrence was witnessed by Bashir Ahmad and Mukhtar Ali. The petitioner had filed affidavits of Bashir Ahmad and Mukhtar Ali. The affidavits are to the effect that they were not present at the time of occurrence and that Zafar complainant had reached the spot after they had reached. Rehmat Ali has also filed an affidavit to the effect that in his presence, the petitioner had not produced the chhuri. The petitioner is in jail for the last more than two years and five months. Taking into consideration the affidavits of Bashir Ahmad, Mukhtar Ali and Rehmat Ali coupled with the delay of two years and five months, I consider it a fit case for bail. The petitioner is admitted to bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of A. C. Faisalabad.
This order shall be without prejudice to the merits of the case.
2. Copy of the order be given dasti on usual payment.
Bail allowed.
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