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Criminal Miscellaneous No.1151-B of 1983, decided on 3rd July1983

---S. 497/498, Penal Code (XLV of 1860), S. 302/201/34--Bail--Affidavit by persons, who had previously appeared before police and stated that accused made extra-judicial confession of his guilt before them, placed on file wherein they stated that accused never made any confessional statement before them--Wife of deceased also placing an affidavit on file showing a declaration on oath by her that accused was not connected in any manner with murder of deceased--Case of further enquiry--Bail granted.

Sardar Latif Khan Khosa assisted by Liaqat Ali Sandhu for Petitioner.

Sardar Nazar Muhammad Dogar for the State.

Date of hearing: 3rd July, 1983.

Petitioner has been arrested in case F.I.R. No.13, dated 15th January, 1983 registered on the statement of Muhammad lqbal son of the deceased in this case. The first information report was registered under section 365 of the P.P.C. at Police Station Qila Didar Singh District Gujranwala. According to the F.I.R. Zafar Mahmud, Khalid Mahmud, Maqbut Mahmud and Abdur Rashid had taken Haji Muhammad Rafiq (deceased) in a car from his house to Gujranwala, wherefrom he did not return. Suspicion was expressed that the above named persons had abducted Haji Muhammad Rafiq, so as to get the sale-deed of the land of Muhammad Rafiq registered in their favour forcibly.

2. During investigation one Murid Hussain son of Ahmed Din and Javed Akhtar son of Murid Hussain appeared before the police on 27th January, 1983 and stated that Muhammad lqbal (complainant in this case) and Hidayat Ullah co-accused accompanied by the petitioner had approached them. They also stated that Muhammad lqbal and Hidayat Ullah admitted that they had murdered Haji Muhammad Rafiq by strangulation. Muhammad lqbal also admitted that after the murder, the dead body of Muhammad Rafiq was thrown by him and Manzoor petitioner in the Lower Chenab Canal but as the canal was closed they again lifted the dead body and threw it in the Q.B. Link Canal.They have also stated that Manzur petitioner admitted before them regarding disposal of the dead body by him alongwith Muhammad lqbal. On receiving this information the Investi gating Officer arrested Muhammad lqbal, Hidayat Ullah and the petitioner, on 5th February, 1983 under section 302/201/34, P.P.C. Whereafter, on 28th February, 1983 the petitioner got recovered a pair of shoes belonging to the deceased.

3. The motive unearth for the crime is that Muhammad Iqbal wanted to have the land of his father. The petitioner is stated to be uncle of Muhammad lqbal and brother of Haji Muhammad Rafiq deceased.

4. Learned counsel for the petitioner has contended that the petitioner has been arrested in this case at the instance of the person named in the first information report as he was persuing the case against them being brother of Muhammad Rafiq (deceased). He has placed on record affidavits of Murid Hussain and Javed Akhtar, who according to the prosecution had appeared before the police and stated that the petitioner had made extra-judicial confession before them. According to the affidavits A the petitioner never made any confessional statement before them. An affidavit of Mst. Rifat Ara, wife of Haji Muhammad Rafiq (deceased) has also been placed on file, wherein she has declared on oath that the petitioner is not connected in any manner with the murder of her husband:

In view of the above facts, a case for further enquiry appears to have been made out. The petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Gujranwala

M. Y. H. Bail granted.

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