Find a Lawyer

Criminal Miscellaneous No. 1556-B of 1980, decided on 3rd June, 1980.

----- S. 497---Bail, grant of-[Murder-case]-----Contention pressed into service for grant of bail mostly touching merits of case----Case already se fixed for trial and processes issued to prosecution witnesses-----Grant of bail at such stage, held, not appropriate-Bail declined, in circumstances.

Wasim Sajjad for Petitioners.

Muhammad Ilyas Malik for the State.

This bail application has been moved by the two accused persons, namely Atta Mohammad and Noman, in a case registered against them under section 302. P. P. C. with Police Station, Katha Saghral, Tehsil Khushab, District Sargodba, for the murder of one Shah Muhammad son of Phula.

The facts are that on 7^thJune, 1979 an unidentified dead body was found by one Havildar Maula Bakhsh lying at some place about which he made a report with Police Station, Noshera.

On 22^ndJune, 1979, one Phula Khan father of the deceased Shah Muhammad lodged an F. I. R. with Police Station Katha Saghral about the missing of his son.

The petitioners were arrested on 2^ndDecember, 1979 in connection with the above murder. The arrest of the petitioners was caused on account of the doubt cast in the F. I. R. lodged by the father of the deceased that the petitioners had abducted the deceased with the intention to kill him on account of the illicit relations which the deceased had with Mst. Malkani the wife of petitioner No. 1 and the sister of petitioner No. 2.

The petitioners moved an application for bail before the learned Addi tional Sessions Judge, Sargodha who dismissed the same, by his order dated 4th May. 1980, upon which the present bail application was moved in this Court.

The learned counsel for the petitioners contended that in view of the position that the dead body was an unidentified one and that the petitioners have only been implicated on the last seen evidence about six months before the recovery of the unidentified dead body the petitioners cannot be connected with the crime alleged to have been committed by them. He further submitted that the extra judicial confession attributed to the petitioners is of no consequence as it was made not only jointly but whilst in the custody of the Police.

On the other hand, the learned State Counsel submitted that the case of murder of an unidentified body registered with Police Station, Noshera on the basis of F. I. R. lodged on 7th June, 1979 by Havildar Maula Bakhsh has since been discharged and the only case in which the petitioners have been now arrested is the one based on the F. I. R. lodged with Police Station, Katba Saghral. He submitted that in view of the position that the trial before the Court of Session is to commence within this month and summons have been issued to the witnesses this is no stage for the grant of bail as it is likely to cause prejudice to the case of prosecution. He also submitted that this is no longer a case of the recovery of an unidentified body since the clothes found on the dead body have been identified by the complainant in this case i.e. the father of the deceased as those worn by the deceased when he left the house.

Having given consideration to the case I find that the contentions raised by the learned counsel for the petitioners mostly touch the merits of the case. It is not appropviate to comment upon them at this stage as any observations by this Court of whatever tentative nature those may be on any of the matters may prejudice the case of either party. I would therefore refrain from commenting on the merits of the case especially because the case has been fixed for commencement of the trial. In view of the position that the case has already been fixed for trial it will not be appropriate for this Court to grant bail to the petitioners. The application for bail is therefore dismissed.

It may, however, be observed that the dismissal of this bail applica tion will not preclude the petitioners to make a fresh application for bail before the Sessions Court in case it is so found appropriate by them after recording of some evidence.

Bail declined.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.