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Criminal Miscellaneous No. 3328/13 of 1986, decided on 31st January, 1987.

‑‑‑S. 497(5)‑‑Penal Code (XLV of 1860), S. 302‑‑Direct allegation levelled against accused in statements of prosecution witnesses‑‑Accused attributed attack on deceased who later die in hospital‑‑Bail allowed by Additional Sessions Judge, cancelled in circumstances.

Shahid Hussain Qadri for Petitioner.

Sardar Muhammad Latif Khosa for Respondents.

Sh. Nasiruddin for the State.

The petitioner has applied for the cancellation of bail allowed to Shahid respondent by the Additional Sessions Judge vide order dated 5‑11‑1986. The facts of this case have been enumerated in my earlier orders dated 11‑12‑1985 and 26‑10‑1986 in Criminal Miscellaneous 2680‑B of 1985 and Criminal Miscellaneous 2793‑B of 1986 respectively, which be read as a part of this order.

2. Without prejudice to the case of either side, it prima facie appears to be a case of a free fight in which both parties attacked each other. There is an adverse reflection on the earlier investigation in this case because for no reason, crime empties recovered from the spot and the weapons which were recovered from the accused in this case were never sent to the Fire‑arm Expert. However, later the investigation was taken up by the Crimes Branch which has since concluded. Because of the observation that it was prima facie a case of individual liability, bail was allowed to Khalid Mehmood and Zia Mehmood by my order, dated 26‑10‑1986 in re: Criminal Miscellaneous 2793‑B of 1986. The case of Shahid Mehmood respondent who had not applied for bail to this Court alongwith others then is obviously distinguishable from those who were allowed bail by this Court because he had been attributed the attack on Imdad who later died in the hospital. The learned Additional Sessions Judge while allowing bail to him completely ignored the aforementioned circumstances and allowed him bail on the ground that he was found innocent by the police and because deceased's widow put up a different version of the occurrence. At this stage, I would not like to comment upon the belated version of the widow. Suffice it to say that this version was put up too late in the day and was thus open to serious objections. I have earlier observed about the conduct of the earlier investigation in this case which is a matter to be looked into at the trial by the trial Court.

3. In view of the fact that there is a direct allegation against the respondent in the statements of the eye‑witnesses in this case, I, therefore, do not consider it a fit case for bail to Shahid Mehmood. The bail allowed to him by the Additional Sessions Judge is, therefore, cancelled. The local Authorities are directed to take him into custody' for trial.

S.G.D./M‑30/L Bail cancelled.

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