Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 114,120B,147,148,149,201,302

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 302/120-B/114/201 /147/148/149---Qatl -e-amd, criminal conspiracy, causing disappearance of evidence of offence--Interim bail, confirmation of---Crime against accused was unwitnessed one and' prosecution was not armed with any piece of evidence, which could prima facie connect accused persons with the crime in question---Perhaps some religious element was involved, as one of the witnesses stated that he had heard cries of "Gustakh-e-Rasool" raised by some of the inmates on the night of the incident--Interim bail already granted to accused was confirmed on the same terms and conditions for all accused persons as interim bail. THIS ORDER PASSED BY: SARMAD JALAL OSMANY, J.--- Briefly stated the facts of the matter are that one UTP Anees Ahmed Mallah was murdered in a jail apprising on 3-4-2009. On hearing this news at 8-00 p.m. on the same night complainant Mst. Noor Khatoon mother of the deceased started enquiring about the incident from the jail authorities and finally her relations were informed that they could receive the dead-body in Civil Hospital Sanghar which was accordingly done, when brother of the complainant her other son and a relative went to receive the dead-body. They saw that his throat was completely cut injuries were on face and eyes, skull was ruined, legs and arms were broken and there were various injuries on the other parts of the dead body. On the same day she came to know that the Jail authorities had lodged another F.I.R. against unknown prisoners for the murder of the deceased. Thereafter, the complainant had moved this Court which appointed the Sessions Judge, Sanghar, for enquiring into the matter and upon such enquiry report it was found that the applicants Sikandar Ali, Liaquat Ali, Waliullah Durrani, Gagan Chandio and others, who were all Jail officials, were negligent in their duties. Both the learned counsel for the applicants have very firmly argued that there is not an iota of evidence with the prosecution to connect the applicants with the crime in question, as admittedly it was an un-seen one. In the detailed enquiry carried out by the District…

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