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Criminal Bail Application No.965 of 1984, decided on 14th October, 1984.
Criminal Procedure Code (V of 1898)-
---S. 497--Penal Code (XLV of 1860), S.302--Grant of bail--Name of accused not mentioned in F.I.R.--No eye-witnesses of occurrence Only recovery of Chhuri from accused not stained with blood and evidence of extra-judicial confession--Case held, fit for bail.
Khawaja Naveed Ahmad for Petitioner.
M.I. Memon, Addl. A.G. for the State.
This is an application for bail in the case registered under section 302, P. P. C. at Police Station Shah Faisal Colony on 12-3-1984.
Briefly stated the facts of the prosecution case that one Zahoor-ud-Din was a tenant of complainant Iftikhar Mohiuddin. On 12-3-1984 complainant was informed by his Shaista that there was commotion outside the house. He went and saw that Zahooruddin was lying in the Gallery in injured condition. He was not able to talk. Iftikhar Mohiuddin went and lodged report in which he stated that some unknown persons have committed murder of Zahooruddin.
Mr. Khawaja Naveed Ahmed learned counsel for the applicant has contended that this is an unwitnessed incident and there is no other evidence excepting that one Churri has been secured from the present applicant.
Mr. M.I. Memon, Additional Advocate-General has no objection to the grant of bail. He states that there is no direct evidence against the applicant and Chhuri was also not blood-stained.
The name of the applicant does not appear in the F.I. R. and there is no eye-witness of this incident. There is only evidence for production of non-blood-stained Chhuri and extra-judicial confession before police and other persons. I am of the opinion that this is a fit case for bail. Accordingly I admit the applicant to bail on furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court.
S. A. Petition accepted.
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