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Criminal Miscellaneous No. 2612/B of 1982, decided on 24th October, 1982.
---S. 497--Penal Code (XLV of 1860), S.302--Bail--No eye-witness of occurrence-- Prosecution collected circumstantial evidence against accused--Witnesses of - extra-judicial confession belonging to different district--Recovery of unlicensed revolver made from open space after about one month--Bail granted.
Akmal Saleemi and Mehmood Ahmad Chaudhry for Appellant.
Salma Tasadaq for the State.
Date of hearing: 24th October, 1982.
Munawwar Ahmad, petitioner, is accused of the murder of Abdul Aziz. A case under section 302, P.P.C. was registered against him at Police Station Sadar, Gujranwala on 27-9-1981.
2. Sister of Abdul Aziz (deceased) was married to the brother of the petitioner. It is alleged that Abdul Aziz (deceased) developed relations with petitioner's sister for which reason her hand in marriage was refused him and he had threatened to abduct her. Therefore, the petitioner bore a grudge against him and killed him when no one was around.
3. In this case there is no eye-witness. Prosecution has collected circumstantial evidence against the accused. P.W. Bashir is witness who saw the accused and the deceased on the night of occurrence. Shabbir Hussain and Manzoor Hussain are the two witnesses of one whom he is alleged to have made an extra-judicial confession. Prosecution also recovered petitioner's pair of shoes from near the place of occurrence. He also got recovered revolver from an open place near the road side. Rana Muhammad Sharif, another witness, had seen the accused leaving barefooted from near the place of occurrence.
4. The revolver is unlicensed. It is recovered from an open space. Witnesses of extra-judicial confession belong to Mauza Prigri, District Gujranwala whereas the petitioner is said to be a resident of Batapur, Lahore. He had no connection with these two. The recovery is also made about a month after the alleged occurrence. Keeping these circumstances in view, the petitioner is allowed bail in the sum of Rs.25,000 (Rs. twenty-five thousand) with two sureties each in like amount to the satisfaction of A. C. /Duty Magistrate, Gujranwala.
S. A. /4336/L Bail allowed.
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