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Petitioner: MUHAMMAD ALI VS Respondent: THE STATE
1986 P Cr
1986 P Cr. L J 225
[Lahore]
Before Muhammad Rafiq Tarar, J
MUHAMMAD ALI Petitioner
Versus
THE STATE Respondent
Criminal Miscellaneous No. 990‑B of 1985, decided on 28th May, 1985.
Criminal Procedure Code (V of 1898)
‑‑‑Ss. 497 & 498‑‑Penal Code (XLV of 1860), Ss. 302 & 382/34‑‑Bail, grant of‑‑Only allegation against accused being that he was found standing in front of deserted Ihata from where dead body of deceased was subsequently recovered‑‑Accused found innocent by police‑‑Police officer of rank of D.S.P. also arriving at some conclusion‑‑Case of accused found to be of further inquiry‑‑Accused allowed bail in circumstances.
Mian Muhammad Shafique Bhandara for Petitioner.
Nemo for the State.
ORDER
Muhammad Ali petitioner has moved this petition for bail in a case registered against him and two others under sections 302 and 382/34, P.P.C.
The F.I.R. version is that on 16th January, 1985 Mst. Shah Bibi, aged 7/8 years, daughter of Mian Khan complainant, was found missing. He alongwith others searched for her. The petitioner, his wife Mst. Maryam and his brother's daughter Mst. Nawab Bibi were found standing near their own deserted Ihata. The complainant enquired from the petitioner if Mst. Shah Bibi had come there, to which he replied in the negative. Thereafter, during a general search the dead body of Mst. Shah Bibi was found buried under heap of earth in the same Ihata. Three golden ear‑rings were found missing from her right ear.
Learned counsel for the petitioner contends that there is no evidence against the petitioner and during the investigation it was found that Mst. Maryam Bibi had killed the minor girl in order to get the golden ear‑rings. He submits that the petitioner and Mst. Nawab Bibi were found innocent during the investigation.
I have gone through the relevant material. The only allegation against the petitioner is that he was found standing in front of the asserted Ihata from where the dead body was subsequently recovered. The case was firstly investigated by S.H.O. P.S. Chuchak, who came to the conclusion that the petitioner and Mst. Nawab Bibi are innocent. A Thereafter, an officer of the rank of D.S.P. also arrived at the same conclusion. In the circumstances, I feel inclined to the view that the case of the petitioner needs further inquiry. I, therefore, admit him t bail in the sum of Rs.20,000 with two sureties in the like amount t the satisfaction of Assistant Commissioner, Okara.
H.A.K. Bail allowed.