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Criminal Miscellaneous No.1202-B of 1987, decided on 10th May, 1987.
---S.497--Penal Code (XLV of 1860), S.302/34--Bail--Accused after killing deceased carried her dead body on horse back and ocular evidence was available to that effect--Bail refused.
---S.497--Penal Code (XLV of 1860), S.302/34--Bail--Mere fact that dead body of deceased was not recovered, held, would not entitle accused to bail.
---S.497---Penal Code (XLV of 1860), S.302/34--Bail--Age Accused stated to be minor but not shown below age of sixteen years and an active role was attributed to him--Bail refused.--[ Age].
Malik Rehmat Khan Awan for Petitioners.
Mehr Ghulam Ali Mubarhas for the Complainant.
Ahmad, Ghulam Ali and Nawaz, petitioners stand charged with the murder of Mst. Maqsudan deceased on the night between 1-2/8/1986. It is further alleged that after the occurrence they took away her dead body which was not recovered. The motive for the occurrence was that the hand of the deceased was demanded for Ghulam Ali petitioner which was refused and she was engaged somewhere else.
2. The occurrence was witnessed by Dost Muhammad, Mst.Sardaran and Mst.Malkani P.Ws. According to the prosecution Nawaz petitioner had pressed the throat of the deceased while Ahmad and Ghulam Ali held her by her arms and feet.
3. Bail is urged on the grounds that the dead body of Mst.Maqsudan deceased has not been recovered and further that Ghulam Ali petitioner is a minor.
4. The mere fact that the dead body was not recovered, will not entitle the petitioners to bail in the presence of the allegation that after killing her the petitioners carried her dead body with them on a horse-back. There is ocular evidence in the case and the occurrence was witnessed by three persons. As regards the minority of Ghulam Ali petitioner, he is not shown to be below 16 years of age. An active role is attributed to him in the occurrence. Accordingly, I do not consider the petitioners entitled to bail at this stage and in consequence the petition is dismissed.
However, the trial Court is directed to expedite the trial.
M.Y.H./A-142/L
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