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Criminal Miscellaneous No. 698-B of 1983, decided on 13th June 1983.
--S. 497/498, Penal Code (XLV of 1860), S. 3021201/149-Bail--Occurrence unwitnessed-Trial Court to find out if all links in chain supplied by prosecution-Material available on record making out case of further inquiry against accused-Bail granted.
Sahibzada Farooq Ali Khan for Petitioners
Akhtar Masood Ahmed for the State.
Petitioners are accused of offence under section 302/201/149, P.P.C. It is alleged that petitioners caused murder of Altaf Hussain and threw his body in an abandoned well.
2. It has been argued by learned counsel for petitioner that the decea sed was reported to be missing from 25-7-1982, vide report No. 15 in daily diary of Police Station Kabirwala recorded on 27-7-1982 in which Sajjad Hussain, cousin of the deceased, merely stated that the deceased, a derang ed person, was missing from the house and did not name any suspect. In the certificate, dated 23-5-1983, of Programme Manager, Pakistan Broadcasting Corporation, Multan, it appears that the deceased was a mentally deranged person which is also mentioned in the report No. 16 of daily diary recorded on 29-7-1982 by Ijaz Hussain, brother of the deceased, who also did not name any suspect. It is further submitted that thereafter, statements of many persons of the village were recorded by the police who gave out that the deceased was a mentally deranged person who met with the death incidentally and consequently his dead body was buried after the facts had been verified by the police that it was incidental death. It is submitted that post-mortem examination of the dead body of the deceased was conducted on 29-7-1982 according to which cause of death was not ascertainable due to advance stage of the decomposition. Ultimately Mst. Parveen widow of the deceased made an application on which her statement was recorded by a Magistrate under section 164, Cr.P.C. on 1-9-1982 and for the first time she deposed that deceased had been murdered and named Haq Nawaz, Qasim Ali and Ameer peti tioners as suspects. Learned counsel for the petitioners has submitted that all the five petitioners were arrested as suspects due to enmity with the complainant party because earlier' two F. I. Rs. had seen lodged by members of the accused party against them. Grant of bail has been opposed by learned counsel for the State who has urged that daughter of Haq Nawaz told Mst. Naseem (P.W.) that murder had been committed by the petitioners and that Muhammad Akbar and Habib Khan (P.Ws.) stated that petitioners made extra-judicial confession before them. It was submitted that petitioners have been challaned in Court.
3. This is an unwitnessed occurrence. It will be for the trial Court to find whether all the links in the chain have been supplied by the prosecution. The material available on record makes out a case of further inquiry against the petitioners. In the circumstances petitioners are allowed bail subject to their furnishing security in the sum of Rs. 25.000 (Rupees twenty-five thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Kabirwala.
M. Y. H. Bail granted.
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