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Criminal Miscellaneous No. 3099/8 of 1983, decided on 9th January, 1984.

‑‑‑S.497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail‑‑Considerable delay in lodging of F.I.R.‑‑Deceased taken away by one of accused persons much earlier but allegedly done to death only when witnesses reached house of accused person‑‑Investigating Officer not satisfied with guilt of accused‑‑Accused, held, entitled to bail.

Ch. Muhammad Farooq for Petitioners.

Bashir Ahmad for the State.

Date of hearing: 9th January, 1984.

The occurrence took place on 23‑6‑1983 at about Peshiwela but the case was registered on 24‑6‑1983 at 1‑00 a.m. The Police Station was at a distance of five miles from the place of occurrence. Mst. Dolat Bibi (widow of Muhammad Yusuf deceased) stated in the F.I.R. that Yusuf deceased was taken away from his house by Umar Hayat petitioner at Kana Dinwela. The deceased was not cone to death till Peshiwela. He was murdered only when the complainant and two brothers of the deceased, namely, Ahmad Yar and Allah Yar reached the house of the petitioners. The case was investigated by the S.H.O.

2. The learned counsel for the petitioners contends the there was an inordinate delay in lodging the F.I.R. that the case was investigated by the S.H.O. who found the two petitioners as innocent; that the S.H.O. arrested Ghulam Muhammad whose name did not figure in the F.I.R. and said Ghulam Muhammad was released on bail by the Sessions Judge; that Mst. Dolat Bibi complainant made an application against five other persons; that the investigation was entrusted to the A.S.P. Kamalia and at his instance the petitioners were challaned.

3. There was a considerable delay in lodging ,the F.I.R. of this case. The deceased was taken away from his house at about Kana Dinwela but was done to death at Peshiwela when the complainant and two brothers of the deceased reached the house of the petitioners. Ghulam Muhammad, who was not named as one of the culprits, was arrested in this case. I have gone through the case diary. The S.H.O. was not satisfied with the guilt of the petitioners. I have perused the statement of Mst. Nasim, daughter of Muhammad Fazil petitioner. Keeping in view the delay and the fact that the deceased was‑done to death A only when the witnesses reached the house of the petitioners and also the fact' that the S. H .O. was not satisfied with the guilt of the petitioners, I admit the petitioners' to bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Kamalia Copy Dasti on payment of usual charges.

S.A.

Bail granted

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