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Criminal Miscellaneous No. 106 of 1982, decided on 12th June, 1982.
‑‑S. 497/498‑Bail‑Appreciation of evidence‑Cannot be made while considering bail matters‑Injury resulting in death of victim found on vital part of body‑Accused petitioner having been challaned for offence of murder, his application for bail needs no considera tion:‑‑One of members of trial Court having proceeded on a legal course and arrangement for his substitute having not been made so far, case transferred to District Criminal Court for trial‑Penal Code (XLV of 1860), S. 302 read with Islamic Tazeerati Act, 1974, S. 5.‑[Evidence]. < [if supportLineBreakNewLine]>
This order is made in continuation of order dated 10th May, 1982. It was contended by the learned counsel for the applicants that it was a case of riot between the parties and there is nothing of offence either under section 302, P. C. or section 5 of the Islamic Tazeerati Act.
The applicant Nazar, Muhammad stands charged for the offence of murder and to appreciate the evidence whether offence of murder is committed or not, it cannot be gone into by this Court at this stage which is a stage for consideration of the bail matter. The criticism on the evidence as desired by the applicants, I am afraid, cannot be made while considering the bail matter. The alleged injury which resulted in death of Suleman Khan is found on a vital part of the body and in the 'circumstances when the accused applicant has been challaned for the offence of murder, his application for bail needs no consideration at this stage, to which the case has reached presently. This case was challaned in the District Criminal Court at Bagh presided over by the Additional Sessions Judge and Additional District Qazi. The Additional Sessions Judge one of the members of trial Court has proceeded on a legal course and no arrangement for his substitute could be made so far.
Therefore, it will be proper in the interest of justice that this case is transferred to the District Criminal Court Rawalakote for the trial of case according to law.
That being so, the bail application is rejected and the case is transferred as aforesaid.
Bail rejected.
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