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Criminal Bail Application No. 407 of 1983, decided on 8th June, 1983
‑‑‑ S. 497‑Penal Code (XLV of 1860), S. 302‑-Except for two prosecution witnesses implicating accused persons taking away deceased in car‑‑No other material available to connect accused with murder‑Such evidence, being that of chance witness, requires further inquiry- Bail granted to accused.
Qurban Ali Chohan for Applicants.
Ibrahim Hemon, A. A.‑G. for the State.
Date of hearing : 8th June, 1983.
The complainant lodged a report on 25th April, 1983 at 12‑25 hours stating that he is a Contractor, and his sister and brother‑in‑law Ishaque (deceased) were residing at Buffer Zone. Ishaque was also a Contractor. He went for his work at 8.00 a. m. on 21st April, 1983 but he did not return. The complainant made search about Ishaque and he came to know that on 21st April, 1983 at about 8.15 three persons came in a car with out a number plate and took away Ishaque. The complainant further stated that Abdul Rehman alias Edoo had kidnapped her sister Mst. Janat and therefore, there was enmity between the deceased and the accused persons.
Later on it transpired that a dead body was found on 24th April, 1983 from District Thatta which was identified by the complainant as being of Ishaque. Mr. Chohan states that the dead body was picked up by the police as unidentified and was buried. Bail Application made by the applicants was rejected by the learned Trial Court mainly on the ground that the P. Ws. namely Muhammad Khan (Muhammad Khalil) and Muhammad Ashraf have been examined by the police, who have implicated the accused persons taking away the deceased in a car. Mr. Muhammad Ibrahim Memon, the learned Additional decorate‑General has read out the statement of both the witnesses, who have stated that they had seen 5 persons including the accused going in a car awards Sakhi Hassan graveyard and after 15 minutes they again saw the car with the deceased sitting at the back seat of the car. Except this statement there does not seem to be any material on the basis of which the accused could be connected with the commission of the offence. This evidence on the face of it, is of chance witnesses. The facts that in a running car they had A not only recognised five persons sitting in it, but while it was returning they even noted and recognised the deceased sitting on the back seat, ‑‑quire further investigation and, enquiry. The learned A. A.‑G. concedes that this is a case of further enquiry.
Considering all the facts and circumstances of the case, the case of the applicants falls within the scope of further enquiry and I will grant bail to each of the applicant in the sum of Rs. 50,000 with one surety each and P. R. Bond in the like amount to the satisfaction of the trial Court.
M.Z.M. Bail granted.
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