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Criminal Bail Application No. 1261 of 1984, decided on 31st December, 1984.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑No eye‑witness of occurrence and solitary witness of dying declaration not implicating petitioner in his statement recorded under S.164, Cr.P.C.‑ Crime weapon allegedly recovered from petitioner also not blood stained‑‑Held: A fit case for grant of bail, in circumstances.
Sardar Muhammad Ishaque for Petitioner.
M.I. Memon, A.A.‑G. for the State.
This is an application in a case registered under section 302. P.P.C at Police Station Gulbahar, Karachi West on 15‑7‑1984 at 11‑15 a. m.
The case of prosecution is that on 15‑7‑1984 at 7‑39 a.m. Ahamra came to the house of complainant Khuda Bux and told him that Shard was lying injured in the Quarter. On enquiry Ahamra told Khuda Bux that Rahim assaulted him at night time. Khuda Bux and Ahamra took Sharif to Abbasi Shaheed Hospital where he died.
Mr. Sardar Muhammad Ishaque has contended that there is only evidence of dying declaration against the appellant, and appellant is of a tender age. He has further argued that Ahamra in his 164, Cr.P.C. statement has not implicated the appellant.
Mr. M.I. Memon, Additional A.‑G. has no objection to the grant of bail.
I have perused the copy of 164, Cr.P.C. statement of Ahamra He has nowhere stated that deceased told him that he was given injuries by applicant. There is no eye‑witness of this occurrence. The crime weapon hatchet was also not blood‑stained. The evidence against the applicant is that of a dying declaration by Ahamra but he in his 164, Cr.P.C. statement has not implicated him. At this stage I am of tree view that this is a fit case for bail. Applicant is admitted to bail on furnishing one surety in the sum of Rs.50,000 and P.R. bond in :he like amount to the satisfaction of IInd Additional Sessions Judge, Karachi However, the trial Court is at liberty to consider cancellation after rte evidence of important witnesses is recorded.
S.G.D. Bail granted.
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