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Criminal Miscellaneous No. 123/CB of 1987, decided on 8th March, 1987.

‑‑S. 497(5)‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, cancellation of‑‑Recovery of dead body, weapon of offence and his blood‑stained clothes effected on the pointation of accused coupled with the fact that deceased was last seen in his company‑‑Prima facie reasonable grounds to believe that accused was guilty of putting deceased to death, existed‑‑Bail granted to accused cancelled.

Ch. Masood Ahmad Bajwa for Petitioner.

Mian Abbas Ahmad for Respondents.

On 8th August 1986 after Jumma prayer, Ghulam Sarwar, a young man of 25/26 years age, left his village Laskani on a bicycle for Rajan Shah Railway Station, in District Layyah. He did not return home thereafter. Shabbir Hussain his father, the complainant herein, felt concerned and went in his search to Rajan Shah Railway Station where Aamir Khalil and Sadiq Hussain P.Ws. informed him that on the previous day they had seen Ghulam Sarwar in the company of Habib Mustafa accused/respondent No.1 On this information, he tried to contact Habib Mustafa but, did not succeed. Habib Mustafa respondent, according to him, was a friend of Ghulam Sarwar and because the former was not of good character, therefore, he had stopped his son to keep relations with him. This had annoyed the respondent. The complainant, therefore, entertained a suspicion that the respondent might have concealed him some where and, therefore, lodged a report with Police Station Sadar, Layyah who registered a case under section 364, P.P.C.

2. During investigation Habib Mustafa respondent made extra -judicial confession before Afzal and Ilyas P.Ws. to have murdered Ghulam Sarwar. They produced him before the police on 10‑8‑1986 who arrested him. The respondent got recovered the dead body of Sarwar on 10‑8‑1986 from a locked room of his own house which had numerous incised wounds on vital parts of his body. He also pointed out the place where he murdered him and blood‑stained earth was recovered from there. On 19‑8‑1986 he got recovered weapon of offence (blood‑stained hatchet), bicycle of the deceased and also his own blood‑stained clothes. Besides the respondent, two other persons, namely, Ghulam Mustafa and Ghulam Sarwar, respondents Nos. 2 and 3 were arrested as they helped respondent No. 1 in concealing the dead body.

3. All the three respondents applied for bail to Sessions Court which released them on bail vide orders, dated 19‑1‑1987 and 6‑10‑1986, hence this application.

4. I have heard learned counsel for the parties. Learned counsel for the petitioner does not press this petition against respondents Nos. 2 and 3, therefore, this petition to their extent stands dismissed.

5. As for respondent No. 1, I am of the view that recovery of dead body, of weapon of offence and of his blood‑stained clothes effected at his pointation besides the fact the deceased was last seen in his/respondent No.1's company prima facie furnish reasonable grounds to believe that he is guilty of putting the deceased to death. Learned Sessions Judge while allowing bail to respondent No. 1, did not attend, particularly, to the evidence of recovery of dead body and weapon of offence, therefore, it does not seem to have passed the order granting bail to the respondent by applying mind to full facts and circumstances of the case and as such it is defective and unsustainable. Consequently, I allow this petition and cancel the bail granted to Habib Mustafa respondent. He shall surrender forthwith and be committed to jail during the pendency of his trial. However, he shall be at liberty to move for bail, of course, on fresh grounds which become available to him in normal course of events.

S.G.D./S‑22/L Bail cancelled.

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