Find a Lawyer

Criminal Miscellaneous No. 1870/B of 1985, decided on 8th September 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/148/149‑‑Bail, refusal of‑‑Fatal blow attributed to accused‑‑Accused remaining absconder for three months‑‑Bail sought on ground of accused being deaf and dumb but nothing found on record to show that he was infirm or sick person‑ Reasonable explanation advanced for non‑submission of challan for a period of about one year‑‑Plea of false implication, held, related to merits of case and could not be gone into at bail stage n absence of any clear cut finding by Investigating Agencies‑‑Accused not found entitled to bail‑‑Bail refused.

S. M. Latif Khan Khosa for Petitioner.

Lal Khan Baluch for the Complainant.

Dil Muhammad Tarar for the State.

Irshad petitioner alongwith five others is arraigned for the murder of Muhammad Ali deceased on 27‑8‑1984. The motive for the offence was that Ahmad Ali P.W. had purchased a buffalo from the petitioner and Amir Ali ‑co‑accused had yet to pay Rs.400. Muhammad Ali deceased a nephew of Ahmad All aforementioned was standing in the way of settlement of accounts. On the day of occurrence the accused party tried to take away the buffalo from the Dhari of the complainant party which led to the occurrence. The petitioner is alleged to have given a Chhuri blow in the chest of Muhammad Ali deceased which proved fatal. Three P.Ws. were also injured during the occurrence.

2. Bail is claimed on the ground that it is a case of false implication, that the petitioner is deaf and dumb and further that the police have arrived at the conclusion that the occurrence did not take place at the site alleged by the prosecution. None submission of challan is also urged as one of the grounds for bail.

3. Learned counsel for the State has opposed the bail. According to him the petitioner absconded after the occurrence and was arrested about three months thereafter, further that fatal blow is attributed to him. As regards non‑submission of challan it is stated that it was ready submission in the Court but the accused applied for re‑investigation of the case.

4. There is nothing on the record to show that the‑ accused is infirm or sick. As regards the false implication of the petitioner the contention raised in this behalf essentially relates to the merits of the case and cannot be gone into at this stage in the absence of any clear cut finding by the. Investigating Agencies. Reasonable explanation has been advanced for the non‑submission of challan till this date. Time was consumed in the re‑investigation of the case at the instance of the accused party.

Keeping in view the above circumstances and the fact that fatal blow is attributed to the petitioner, I do not consider him entitled to bail and accordingly dismiss the application. However, the police is directed to complete the investigation expeditiously and submit the challan without any further delay.

H.A.K. Bail refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.