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Criminal Miscellaneous No. 823-B of 1983, decided on 5th July, 1983.
---S. 497(2)--Penal Code (XLV of 1860), S.302--Bail, grant of--Medical evidence declaring cardiac arrest as cause of death of deceased- Petitioner neither armed nor alleged to have caused any injury with a weapon--Case, held, covered under provisions of subsection (2) of S.497,Cr.P.C. and of further inquiry--Petitioner allowed bail in. circumstances.
Ch.Qamarud Din Khan Meo for Petitioner.
Attaullah Khan for the State.
Petitioner is accused of offence under section 302, P.P.C. He is alleged to have caused murder of Ikram by hitting the deceased on the chest and right knee.
2. It has been urged that motive alleged in the case has not been proved against the petitioner. that no injury is reported by the Medical Officer contrary to the facts stated in the F.I.R. because according to the medical evidence all abrasions are on knees, that the eye-witnesses as well as complainant are put-up witnesses. Release of petitioner on bail has been opposed by the learned counsel for the State and I am informed the petitioner has been challaned in Court. It is submitted that motive stands established from the material available on record and in this occurrence petitioner hit the deceased in a manner which did not cause visible marks on the chest but resulted in his death on account of terror created by the petitioner.
3. According to the medical evidence the cause of death is cardiac arrest. Petitioner was not armed and is not alleged to have caused any injury with a weapon. The case against: the petitioner at this stage is of further inquiry covered by section 497(2) Cr.P.C. The petitioner is ordered to be released on bail subject to his furnishing security in the sum of Rs.25,000 (Rupees twenty-five thousand) to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Muzaffargarh.
S. G. D. Bail granted.
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