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Criminal Miscellaneous No. 4095-B of 1980, decided on 10th February, 1981.
Criminal Procedure Code (V of 1898)---
-- S. 497---Bail-Statements recorded under S. 161, Cr. P. C. involving petitioner and respondent in inflicting injury on deceased and such statements supported by evidence of witnesses---Respondent cannot in circumstances be said to have not taken part in incident---On general opinion of Investigating Officer, as to respon dent having been innocent respondent could not at bail stage be said to have not taken part in occurrence-Bail cancelled.
On the last date of hearing notice was issued to Saeed Butt, respondent, who had been allowed bail by the Sessions Judge.
2. The occurrence in this case took place over some political dispute arising out of election. The petitioner was said to have inflicted a knife blow in the right flank of the deceased whereas Saeed Butt respondent gave a blow with a churri in the left flank of the deceased ; as a result of the two injuries Ikramul Haq died.
3. It is contended that the Investigating Agencies found the respondent innocent. On the general opinion of the investigating officers it cannot be said at this stage that the respondent did not take part in the occurrence. The statements recorded under section 161. Cr. P. C. involve the petitioner and the respondent. F. I. R. was made by Abdul Uhafoor. His statement is supported by P. Ws. Javed and Zafar Iqbal witnesses. I do not see any force in this petition and dismiss the same. Bail allowed to Saeed Butt respondent is cancel ted with the direction to the district authorities that he shall be detained in the district Jail till he is tried.
Bail cancelled
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