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Criminal Miscellaneous No. 2249/13 of 1983, decided on 24th September,1983.
---Ss. 497/498--Penal Code (XLV of 1860), Ss.302/34--Bail--Witnesses mentioned in F.I.R. in their statements under 5.164, Cr.P.C. denying to have seen occurrence a--Other eye-witnesses appearing before, police first time three days after occurrence and their names not mentioned in first information report--Case appearing to be of further inquiry--Bail granted.
Ch. M. Abbus Saleem for Petitioners Nemo for the State.
Ghulam Hussain Nazar Muhammad and Ibrahim alongwith 3 others stand charged with the murders of 'Kaneez Bibi and Saif Ullah deceased on 16th June 1983. According to the F.I.R. the occurrence was witnessed by Muhammad Hussain complainant, Mansha and Aslam P.Ws. The A.S.I. states that besides the abovementioned three eye-witnesses, six other witnesses namely, Rab Nawaz, Allah Ditta, Akbar, Iftikhar Ahmad, Balal and Muhammad Ali had appeared before the police on 19th June, 1983 claiming to have witnessed the occurrence.
2. Learned counsel for the petitioners contends that the eye-witnesses named in the F.I.R. have got their statements recorded under section 164, Cr.P.C. denying to have witnessed the occurrence. He states that no reliance can be placed on the statements of the eye-witnesses not mentioned in the F.I.R. and appearing before the police for the first time three days after the occurrence without any reasonable explanation for keeping silent for these days.
3. Keeping in view the above circumstances, it appear to be a case of further inquiry. Accordingly, I admit the petitioners to bail in the sum of Rs.20,000 (twenty thousand) each with two sureties each in the like amount to the satisfaction of A.C. Sheikhupura.
M. Y. H. Bail granted
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