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Criminal Bail Application No. 1078 of 1984, decided on 28th October, 1984.
-‑‑‑S. 497‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)‑‑Bail, grant of‑‑Accused not culprit as stated by witnesses‑‑Co‑accused granted bail‑‑No recovery from accused‑‑State counsel conceding case to be of further inquiry‑‑Bail was allowed in circumstances.
Sardar Muhammad Ishaq for Appellant.
Muhammad Siddiq for the State.
Ibrahim Memon, Addl. A.‑G. for the State.
1. Granted.
2. This is a bail application filed by Wali Muhammad who is facing trial alongwith other accused under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. I have heard Mr. Sardar Muhammad Ishaq learned counsel for the applicant and Mr. Muhammad Ibrahim Memon. Addl. A.‑G. for the State. It has been contended on behalf of the applicant Wali Muhammad that the prosecution had examined 5 witnesses under section 161, Cr.P.C. and that they had stated that the complainant Shaukat Hayat had stated before them soon after the incident that the applicant Wali Muhammad was not the culprit in the present case. According to the learned counsel there is a possibility of false implication of the applicant Wall Muhammad in this case. Then it has been argued that co‑accused Zafar Iqbal from whom Chhuri had been recovered has been granted bail by order, dated 20‑8‑1984 whereas the bail of the present applicant, from whom no recovery has been made, has been rejected by order, dated 22‑10‑1984. Mr. Muhammad Ibrahim Memon, Addl. A.‑G. states that it is a case of, further inquiry and he does not oppose the bail.
In the facts of this case, I am of the view that a case of bail has been made out by the applicant. Criminal Bail Application No. 1078 of 1984 is granted and applicant Wali Muhammad son of Muhammad Sadiq is directed to be released on bail on his furnishing security in the sum of Rs.15,000 with P.R. bond in the like amount to the satisfaction of the trial Court.
S.A. Bail granted.
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