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Criminal Miscellaneous No. 2719‑B of 1985 decided on 5th November, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302/109‑‑Bail, grant of‑‑Death by suicide reported‑‑Large number of witnesses subscribing to death by suicide at inquest‑‑Case registered after about 81 months‑‑Evidence collected by Police being of motive against one accused and that of over‑hearing conspiracy by accused‑‑Such evidence, held, did not reasonably show accused to be guilty of offences imputed to them in circumstances‑‑Bail granted.

M. Iqbal Bhatti for Petitioners.

Sheikh Ijaz Ali for the State.

Ilahi Bakhsh Wajdani for the Complainant.

Date of hearing: 5th November. 1985.

This is a petition under section 497/498. Cr.P.C. by Muhammad Aslam and Muhammad Sharif petitioners, for bail in respect of a case instituted against, them and three others under section 302/109, P.P.C. at Police Station Manga Mandi on 4‑8‑1985.

2. The prosecution case in brief is that on the night between 22/23‑11‑1984, Muhammad Aslam and Muhammad Sharif, petitioners, alongwith Muhammad Sarwar and Piran Ditta, co‑accused, throttled the neck of Rehmat Ali, deceased, resulting in his death and later, to create evidence of suicide, hung the body by rope from a rafter in the Kotha of the deceased's tube-well.

3. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have perused the police file. The death of Rehmat Ali, deceased, by committing suicide was reported by one Muhammad Anwar, claiming to be the paternal‑uncle of the deceased, with the police on 23‑11‑1984, whereupon a Roznamcha report was lodged. Inquest way held where a large number of witnesses gave their statements subscribing to the death of the deceased by suicide. Later on a writ petition having been lodged by Ahmed Lain complainant, an F.I.R. was recorded in this case on 4‑8‑1983, where four accused, including the two petitioner were alleged to have throttled, the deceased to death. However, the only evidence collected by the, police unto date is as follows:‑----

(1) Evidence of motive as regards against Muhammad Sharif petitioner to the effect that the deceased had illicit relation with his wife.

(2) The statements of Jalal Din and Muhammad Shafi P.Ws. which show that they over heard all the five accused conspiring to murder the deceased.

The said items of evidence presently do not reasonably show that the petitioner are guilty of the offences imputed to them.

4. For the foregoing reasons this petition is accepted and Muhammad Aslam and Muhammad Sharif, petitioners, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs.30,000) which two sureties each in the like amount to the satisfaction of the Assistant Commissioner (Sadder), Lahore.

S.A Petition accepted.

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