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Criminal Petition No. 64‑R of 1981, decided on 11th November, 1.981.
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 7‑10‑1981 passed in Cr. Miscellaneous No. 266‑B of 1981).
‑‑ S. 497/498‑Bail‑Petitioner directly charged in promptly lodged First Information Report for causing two injuries with a gun to deceased ‑‑ Medical evidence not in conflict with F. I. R.‑Case against petitioner yet to be tried‑Contention as to other two accused having been released on bail‑Off point in consideration due to their case not being before Supreme Court and no comments possible in their absence‑Bail declined in circumstances‑Penal Code (XLV of 1860), S. 302/34.
Zafar Mahmood, Advocate instructed by Ch. Akhtar Ali, Advocate‑on -Record for Petitioner.
Nemo for the State.
Date of hearing : 11th November, 1981.
, J.‑Abdul Hassan petitioner and 2 others are charged for the murder of Zaheer Bibi, deceased, under section 302/34, P. P. C. and also for making murderous assault on Mst. Resham Jan under section 307/ 34, P. P. C.
Muhammad Arshad one of the accused was released on bail by the Sessions Judge, Islamabad, and another accused Muhammad Zareef was released on bail by the High Court on 7th October 1981. The bail application of Abdul Hassan, petitioner, was rejected. He has now come to this Court through the present petition for leave to appeal seeking his release on bail. He has taken up several points in this petition in support of his contention and in particular he has referred to the cross criminal complaint which was written on 30‑3‑1981, but according to the Inquiry Report of Mr. Muhammad Mashkur Ahmad Khan, Magistrate First Class, Islamabad, it was filed in Court on 28‑4‑1981, wherein the father of Abdul Hassan, petitioner, had charged the members of the complainant party, namely, Israr son of Muhammad Fazil and Daud for causing the death of Zaheer Bibi and also for injuring Resharn Jan. According to the complaint both these women were accidentally hit when, as a matter of fact, the said two persons wanted to attack Abdul Hassan.
In the F. I. R. Exh. P. A. which was lodged in the police station wit promptness, Abdul Hassan is directly charged for causing two injuries wit a gun to Zaheer Bibi, who later died in the hospital. The medical evidence in that regard is not in conflict with the F. I. R. According to the post mortem report of Mst. Zaheer Bibi some wads and pellets were recover from the dead body from various places which shows that she had sustain gun shot injuries and this fact also does not go against the allegations made in the F. I. R.
In these circumstances, we do not consider it proper to allow bail to Abdul Hassan at this stage. The case against him is yet to be tried. The contention that the other two accused have been released on bail is off the point because their case is not before us, and no comments can be offered in that regard in their absence. This Criminal Petition No. 64‑R of 1981 of Abdul Hassan is, therefore, dismissed.
Petition dismissed.
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