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GHULAM MUHAMMAD versus STATE


Criminal Code of Conduct (CCPC) Section 497 The real culprit of the bail has been arrested and if further permission is granted to the applicant, further inquiry will be allowed on appropriate letters.

1981 P Cr. L J 634

[Lahore]

Before Nisar

Ahmad, J

GHULAM MUHAMMAD AND 2 OTHERS--Petitioners

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 2272/B of 1979, decided on 12th August, 1979.

Criminal Procedure Code (V of 1898)--

---S. 497-Bail-Real culprit apprehended and petitioners if allowed bail further investigation on proper lines likely to he hampered-- Bail declined.

Mian Allah Nawaz for Petitioners.

Muhammad Iqbal for the State.

Mumtaz Mustafa for the Complainant.

Date of hearing : 4th August, 1979.

ORDER

The learned counsel for the petitioners contends that the two investi gating agencies had found the petitioners innocent, and even the present Investigating Officer, i.e. Muhammad Asghar, Sub-Inspector of Crimes Branch, has opined that the real culprit is one Manzur Khosa who, according to the investigating Officer, bad been hired by the petitioners for the murder of the deceased. The said culprit has already beer arrested on 1stAugust, 1974 and further investigation of the case is still in progress.

2. It appears to me that the facts and circumstances of the case justify further investigation. According to the Investigating Officer the real culprit has been apprehended and if the petitioners are allowed bail further, investigation on proper lines would be hampered. In view of the new development in the case, I am not inclined to allow bail to the petitioners at this stage. They will, however, be at liberty to move fresh application when final report is submitted by the Police.

3. The petition is dismissed.

Petition dismissed,

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