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Criminal Miscellaneous No.1071/B of 1987, decided on 21st April, 1987
---S.497--Penal Code (XLV of 1860), S.302/34--Bail--Bail sought on ground that there was delay of eight days in lodging the F.I.R.- Prosecution stating that challan had been submitted in Court but delay not explained--Petitioner allowed bail in circumstances of case.
Allah Bakhsh v. Nazir Hussain Shah 1979 S C M R 139 cited.
Khawaja Mahmood Ahmad for Petitioners.
Najmul Hasan Gil for the State.
A case under section 302/34, P.P.C. was registered, against the petitioners with the Police Station Jalalpur Jattan, District Gujrat, vide F.I.R. No.429, dated 29-10-1986.
2. The petitioners, seek bail on the ground that there is delay of 8 days in lodging the F.I.R, Learned counsel contends that the injured remained in house for about 8 days, but was neither examined by any doctor nor any report was made. Learned counsel further submits that the doctor who conducted the post-mortem of the deceased was unable to determine the cause of death that is way the stomach contents were sent for the detection of poison. Learned counsel states that 3 witnesses who are stated to have seen the occurrence had filed their affidavits before the learned Additional Sessions Judge, that they had not seen the occurrence. In support of his contention learned counsel relies upon Allah Bakhsh v. Nazir Hussain Shah and another 1979 S C M R 137, wherein it has been held that in q case of such nature, it becomes a case of further inquiry.
3. Learned State counsel states that the challan in this case has been submitted in Court but the delay has not been explained. In these circumstances, I allow, the petitioners to be released on bail in the sum of Rs.20,000/- (Rupees twenty thousand only) each, with two sureties each, in the like amount, to the satisfaction of the Assistant Commissioner/Magistrate Gujrat.
S.Q./F-29/L Bail granted.
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