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Criminal Miscellaneous No. 396-B of 1983, decided on 28th February, 1983.
--S. 497- Penal Code (XLV of 1860), S. 302-Bail, grant of --(Murder-case)--All three eye-witnesses including complainant sworn affidavits to effect that they had not seen occurrence and only learnt about it-Bail al/owed, in circumstance.
Ch. Muhammad Hussain Chachar for Petitioner.
Masood-ul-Hassan Khan Sabri for the State.
Muhammad Ismail petitioner has moved this petition for bail in a case registered against him under section 302, P. P. C. The allegations are that on 28th August, 19 .2 after midnight the petitioner killed his wife and daughter by giving them dang blows. The occurrence was witnessed by Muhammad Alam complainant, Muhammad Sharif and Muhammad Ali' P. Ws. The motive for the offence was that Mst. Sakina Bibi, daughter of the petitioner, had developed illicit relations with one Asghar Shah of village Nur Shah. Her mother Mst. Kaniz Bibi deceased was instru mental in this affair. The petitioner abandoned his residence at Nur Shah shifted to Chak No. C. D, 40/3-R, but Mst. Sakina continued her illicit relations with aforesaid Asghar Shah.
2. The learned counsel for the petitioner contends that all the three alleged eye-witnesses, including the complainant, have sworn affidavits that they had not seen the occurrence and have no knowledge about it, therefore, the case of the petitioner requires further inquiry. The learned State counsel submits that a blood-stained dang and blood-stained clothes were recovered from the petitioner, therefore, no ground for bail is trade out.
3. I have gone through the relevant material. In their affidavit. Muhammad Sharif and Muhammad Ali have stated that they had not, seen the occurrence nor have any knowledge about it. Muhammad Alam complainant has also sworn an affidavit to the effect that he had not seen the occurrence and had learnt about it on the following morning. Order of the learned Additional Sessions Judge shows that the aforementioned three eye-witnesses were produced before him alongwith their affidavits Consequently, he is admitted to bail in the sum of Rs. 25,000 with two sureties in the amount to the satisfaction of Assistant Commissioner, Okara.
S. G. D. Bail granted.
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