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Criminal Miscellaneous No. 738/13 of 1985, decided on 15th April, 1985

Criminal Procedure Code (V of 1898)__

---S. 497--Penal Code (XLV of 1860), S. 302/34--Extra-judicial confession--Evidence of deceased having been last seen in company of accused--No allegation of ill-will or mala fide against any of witnesses--No reasonable grounds, held, existed at present to show that accused had

not committed alleged oWence--Bail application was therefore, dismissed in lfmine. [p. 8391 A

Yaqub Pannu for Petitioner.

Hanif Zahid for the State.

Case F.I.R. No. 269 was registered at Police Station Khurrianwala, District Faisalabad on 24-12-1984 under section 902/34, P.P.C., on the statement of Muhammad Tufail Lumbardar who had found a dead body lying on the bank of Saim Nuilah. In the First Information Report he had given the description of the deceased and had stated that some unknown persons had committed the murder by causing fire-arm injuries.

The petitioner was arrested. on 12-1-1985. Two other persons were also arrested on the same day and one person was arrested on 13-1-1985.

Learned counsel for the petitioner has contended that thet e is no eye-witnesses account of the occurrence and nothing incriminating, has been recovered from the petitioner. The other contention of learned counsel for the petitioner is that even according to the prosecution story the petitioner had no motive to participate in the occurrence and that the evidence of extra-judicial confession, find that of last seen has been manufactured by the Investigating Officer.

Learned counsel for the State on the other hand submitted that the petitioner who is a constable, had confessed having participated in

the commission of murder of Ghulam Mustafa before Hap Muhammad

Latif and Mubarik Ali on 10-1-1985 and these witnesses had appeared

before the Police on the same day and stated all this, and that prior

to that Abdur Rashid and Muhammad Akhtar had also appeared and

stated before the Police on 8-1-1985, that .. : .,. .' : . .;sc d :._....: '

an of the =.,wtitl .o;; t:i >r,;; ,ort> . .. ..,...

last in the corhp y '

Talib Hussain. These . .. ..._ .. , . :: r .z8 to 0:aa; :ves . _, :- ,= 'i'i E:

t,,.:.:,:.;.,

had also stated that they had seen the patitionce and the ,t er 0ree persons taking away the deceased in a wagon from Bholey Di Jhuggi, Faisalabad at about evening time on 23-12-1984.

The motive for the occurrence, according to learned counsel for the State. was that lmdad Nabi co-accused of the petitioner wanted to marry a School Teacher Met. Misbah Kausar, in whom the deceased was also interested and had at some stage good relations with her. According to him the deceased had come to Bholey Di Jhuggi, on a letter having been received from Mat. Misbah Kausar, inviting him to join and settle about the marriage. According to learned counsel for the State Met. Misbah Kausar has also been arrested and stands chalianed.

There is no allegation of ill-will or mala fides against any of the witnesses before whom the petitioner is alleged to have made confession and the witnesses who have deposed about the deceased having been last seen in company- of tfike petitioner and others. The petitioner is a serving Police constable and it cannot be believed that any Police Officer will go beyond limits to falsely implicate the petitioner. Whether f e evidence will be sufficient for basing conviction or not, will have seen at the trial, but for the present no reasonable grounds appear f the petitioner not having committed the offence under section X62, P.P. C.

In the circumstances, there is no merit in this petition. The same' is dismissed in limine.

S. A.

Dismissed in limine.

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