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Criminal Miscellaneous No. 700‑B of 1978, decided on 6th March, 1978

‑‑‑S.497‑‑Penal Code (XLV of 1860), 5.302/149‑‑Accused named in F. I. R.‑‑Allegation that both accused alongwith others caused injuries to deceased‑‑Material in support of alibi not constituting valid ground for release of accused on bail‑‑Petition for bail dismissed.

Waheed‑ud‑Din Virk for Petitioners.

Taraq Masood for the State.

M. Anwar Sipra for the Complainant.

Akbar Ali and Bashir Ahmad petitioners have moved this petition for bail in a case registered against them and their co‑accused under sections 148 and 302/149, P.P.C. The allegations are that on 11‑7‑1977 at about 5 a.m. all of them armed with Lathis attacked Abbas Ali deceased and caused him injuries as a result of which he later on died on the same day. The deceased had 41 injuries. The motive for the offence was that two years prior to the occurrence the deceased had abducted the sister of co‑accused Liaqat Ali and the abduction case was pending at the time of occurrence.

2. The learned counsel for the petitioners states that on the day of occurrence Akbar Ali petitioner was at Multan in connection with the operation of his left eye while Bashir Ahmad petitioner was at Lahore and their plea of alibi was accepted by the police and they were declared innocent during the investigation. The learned counsel for the State and the complainant, however, submit that the' case was first investigated by the local police and in that investigation the plea of alibi was not accepted. Subsequently, on re‑investigation Ahmad Khan, Inspector Police, had reported that the petitioners were innocent but this report was not agreed to by the higher authorities. They further submit that the petitioners are named in the F.I.R. and specific roles have been attributed to them, therefore, no ground for bail is made out.

3. The police file shows that both the petitioners appeared before the police on 22nd July,1977. The case of Akbar Ali petitioner was that he went to Multan on 8th July, 1977, where his left eye was operated and he stayed with his friend Muhammad Ali, XEN WAPDA, till the 21st of July 1977. His plea was supported by Ch. Altaf Hussain Advocate, Ashraf Ali and Liaqat Ali. However, Muhammad Ali, XEN WAPDA, with whom he had allegedly stayed, did not appear before the police in support of the plea. The photostat copy of the alleged Admission Slip issued by Nishtar Hospital, Multan, is also of no use because it does not contain the full particulars of the patient. As regards Bashir Ahmad petitioner, only one witness who is his co‑‑villager and employed at Lahore, appeared in support of the alibi. The petitioners are named in the F.I.R. and there is a specific allegation that both of them alongwith others caused injuries to the deceased. In my view, the" material in support of the alibi does not constitute any valid ground for the petitioners' enlargement on bail. The petition is, therefore dismissed.

M. A. K. Petition dismissed

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