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Criminal Bail Application No. 11 of 1987, decided on 25th January, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 304‑‑Bail=‑Accused making confessional statement and stating that he committed murder on account of grave and sudden provocation and such plea of accused was yet to be considered at trial‑‑Case since started against accused and even if contention of accused accepted, punishment could extend to life imprisonment‑‑Bail refused in circumstances.
Nawab Mirza for Applicant.
Syed Sarfraz Ahmed, A.A.‑G. for the State.
It is alleged by the complainant that the present applicant had killed Nihal and Mst. Budhai. The dead bodies were found in the room. Six witnesses have been examined and remaining three witnesses are yet to be examined. Witnesses examined at the trial have supported the prosecution. The principal witness is Muhammad Juman. He has stated that the accused met him and told him that he had done away with Nihal and his daughter Mst. Budhai by pistol shots. He came to the Wardat. He saw the dead body of Mst. Budhai lying in the courtyard while the dead body of Nihal was lying inside the room. Both of them were wearing their clothes. He further stated that the daughters of the accused were also present there and then informed him that the accused has committed the murder. The accused also gave confessional statement in which he has stated that he had committed the murder, on account of grave and sudden provocation. The complainant has not supported the case of accused that it is a case of sudden and grave provocation as is clear from the statement of the complainant. The dead bodies were found at different places and they were wearing their clothes. The plea of the accused would be considered at the trial by the learned trial Judge. The case has since been started against him and even if the applicant's contention is accepted that case falls under section 304, P.P.C. the punishment may extend to life imprisonment.
In view of the facts stated above, the applicant is not entitled to bail. The bail application is dismissed.
M.Y.H./W‑1/K Bail refused
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