Find a Lawyer

Criminal Miscellaneous No. 1198/13 of 1986, decided on 13th January, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail‑‑Material brought on record not furnishing reasonable grounds to believe that accused were guilty of committing offence punishable with ten years' rigorous imprisonment or above‑‑Bail granted.

Athar Rehman Khan for Petitioners.

Mrs. Tasneem Akbar for the State.

Fida Hussain, Khadim Hussain, their aunt Mst. Amiran and one Rabnawaz petitioners have been arrested by Mumtazabad Police on the charge of having murdered Ghulam Qadir, deceased an uncle of Sajid complainant, on 1‑7‑1986. The petitioners were arrested on 16‑7‑1986. They have applied for the grant of bail but their plea was declined by the lower Court, hence this application.

2. Sajid complainant reported at Police Station, Mumtazabad on 1‑7 -1986 that he had gone to see his uncle (Phupha) Ghulam Qadir, deceased, who was employed as Chowkidar at the residence of Abdul Hamid Sheikh. He knocked at the door of Abdul Hamid which was opened by Sheikh Furqan. At that time Mst. Naziran, wife of aforesaid Abdul Hamid, owner of the house was also present there, When they entered the courtyard they saw Ghulam Qadir lying dead and a piece of plastic pipe was wrapped around his neck tightly. At his report the police registered a case under section 302, P.P.C. and started investigation. During the investigation, Allah Bakhsh, a nephew of the deceased, appeared before the Investigating Officer on 16‑7‑1986 and stated that the petitioners approached him and have confessed to have murdered the deceased at the instance of Mst. Amiran petitioner. Post‑mortem examination revealed that five incised injuries found in the chest, abdomen and thigh of the deceased were postmortem injuries and that the death had occurred due to asphyxia caused by strangulation. The petitioners were arrested the same day and presently are in jail. It may be stated that the blood‑stained Chhuri has been recovered at the instance of Fida Hussain petitioner.

3. I have heard learned counsel for the petitioner at some length as well as for the State and also perused the record.

4. Mst. Amiran petitioner is stated to have abetted the deceased by instigating the other petitioners to cause the death of her husband Ghulam Qadir (deceased). Fida Hussain is stated to have caused post‑mortem injuries to the deceased with a Chhuri. There is no eye‑witness of the occurrence. No motive on the part of the petitioners to murder the deceased has been mentioned in the F.I.R. Sh. Furqan and Mst. Naziran were present inside the house where the dead body was lying who, too, had not seen any body committing the murder of the deceased. The extra -judicial confession stated to have been made by Fida Hussain, Khadim Hussain and Rabnawaz petitioners is in the nature of joint extra‑judicial confession and that too, made before a close relation of the deceased. The material so far brought on record, to my mind, does not furnish reasonable grounds to believe that the petitioners are guilty of committing an offence punishable with 10 years' R.I. or above. In the circumstance I would allow this petition. Fida Hussain, Khadim Hussain, Mst. Amiran and Rabnawaz petitioners are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees Fifty thousand only) each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Multan.

M.Y.H./A‑45/L Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.