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Petitioner: MUHAMMAD ASLAM VS Respondent: StateHonorable Justice Sadaqat Ali KhanNasir Mahboob Tiwana
2021 Y L R Note 137 [Lahore] Before Sadaqat Ali Khan, J MUHAMMAD ASLAM---Applicant Versus The STATE and others---Respondents Criminal Miscellaneous No. 1048-B of 2021, decided on 21st January, 2021. Criminal Procedure Code (V of 1898)--- ----Ss. 497, 161 & 164---Penal Code (XLV of 1860), Ss. 302, 365, 201 & 34---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, causing disappearance of evidence of offence, common intention---Bail, grant of---Delayed examination---Effect---Allegation against the accused was that he and co-accused after abduction committed murder of deceased---Record showed that accused did not cause any injury to deceased, however, he after the occurrence threw his dead body into canal in presence of witnesses, who while appearing before Judicial Magistrate got recorded their statements under S. 164, Cr.P.C. contrary to the version of the prosecution and stated that they were neither witnesses in the case nor got recorded their statements under S.161, Cr.P.C.---First Information Report was lodged with the delay of about two months and fifteen days---Evidentiary value of delayed statements would be determined by Trial Court after recording of the evidence---Accused had succeeded to make his case as that of further inquiry---Accused was admitted to bail, in circumstances. Nasir Mahboob Tiwana for Petitioner. Muhammad Naveed Umar Bhatti, D.P.G. with Ijaz Hussain, A.S.I. Complainant in person. ORDER SADAQAT ALI KHAN, J.---Petitioner (Muhammad Aslam) seeks post arrest bail in case FIR No.530 dated 17.07.2020 offences under sections 365, 302, 201, P.P.C. registered at Police Station Kot Momin, District Sargodha, after refusing of the same by learned Court below. 2. Heard. Record perused. 3. Precise allegation against the petitioner is that he along with his co-accused after abduction committed murder of Azhar Iqbal (deceased). Learned D.P.G. on instructions submits that during investigation, it transpired that petitioner did not cause any injury to deceased, however, after occurrence threw his dead body into Noorpur Thal Canal in presence of Ali Asghar and Muhammad Zahoor (witnesses) who while appearing before learned Judicial Magistrate on 28.09.2020 got recorded their statements under section 164, Cr.P.C. contrary to the version of the prosecution and stated that they are neither witnesses in this case nor got recorded their statements under section 161, Cr.P.C. Even otherwise; FIR shows that occurrence took place on 02.05.2020 at 10:00 a.m. whereas FIR was lodged on 17.07.2020 at 10:05 p.m. with the delay of about 2 months 15 days. In these circumstances, evidentiary value of delayed statements would be determined by learned trial Court after recording of the evidence. At present, petitioner has succeeded to make his case as that of further inquiry. 4. For the foregoing reasons, this petition is allowed and the petitioner (Muhammad Aslam) is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.10,00,000/- (Rupees Ten Lac Only) with two sureties each in the like amount to the satisfaction of learned trial Court. However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition. JK/M-69/L Bail granted.