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Criminal Miscellaneous No. 3009‑B of 1985, decided on 15th January, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Delay of 14 days in lodging report not explained satisfactorily‑‑Bail allowed, in circumstances.
Ch. Ghulam Sarwar for the Petitioner.
Farooq Bedar, Asstt. A.‑G. for the State.
Muhammada son of Hussain alias Husaina, caste Mayo, resident of Kot Dara, Police Station Kanganpur, Tehsil and District Kasur has applied for bail after arrest. He is an accused in a murder case. The incident in which he is involved is alleged to have taken place on 14‑6‑1985 at 9‑00/10‑00 a.m. He applied for bail but his request was turned down by the Additional Sessions Judge, Kasur by Order, dated 21‑11‑1985.
Learned counsel appearing in support of this petition raised number of contentions. The strongest on which great stress was laid by the counsel was chat according to the F.I.R., the occurrence took place on 14‑6‑1985 while the report was lodged 14 days after the alleged occurrence. Even the medico‑legal report was not obtained. According to the learned counsel, this showed that the prosecution story was not reliable. The actual incident was otherwise. The prosecution was withholding the same.
At this stage I am not inclined to comment upon the prosecution case, but the fact remains that there is delay of 14 days in lodging the report, which has not been satisfactorily explained by the Asstt. Advocate‑General. I am, therefore, inclined to admit the petitioner to bail. He shall be released provided he furnishes bail bond in the sum of Rs.50,000 (Fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.
S.G.D. Bail allowed.
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