| Citation(s) |
|---|
| 2014 SLG 2443 2014 SLD 2443 2014 PCRLJ 893 |
Lahore High Court
Criminal Miscellaneous No. 3442-B of 2013, decided on 25th June, 2013
SHAHID HAMEED DAR, J
Muhammad Yar Khan Dah for Petitioner. Mrs. Muqadass Tahira, Additional Prosecutor-General Punjab. Mehmood ul Hassan DSO/SDPO Arifwala. Taqi Abbas Akhtar, Inspector/SHO Rang Shah and Muhammad Hussain A.S.-I
Criminal Miscellaneous No. 3442-B of 2013, decided on 25th June, 2013
SHAHID HAMEED DAR, J
Muhammad Yar Khan Dah for Petitioner. Mrs. Muqadass Tahira, Additional Prosecutor-General Punjab. Mehmood ul Hassan DSO/SDPO Arifwala. Taqi Abbas Akhtar, Inspector/SHO Rang Shah and Muhammad Hussain A.S.-I
GHULAM MUSTAFA alias BAGGI
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)------S. 497(2)---Penal Code (XLV of 1860), S. 302/34---Qatl-e-amd, common intention---Bail, grant of---Further inquiry---Inefficiency and delay by police in sending medical evidence to concerned laboratories---Effect---Accused was alleged to have murdered his wife by strangulating her---Dead body of deceased was found in a putrefied state---Medical officer who performed autopsy on the body removed certain body parts and sealed them in parcels to send them to the police for further dispatch to Chemical Examiner and bacteriologist/ histopathologist---Said parcels were dispatched to laboratories by the police more than a year after they were received, which was a pathetic situation and reflected on the working and efficiency of the police---Expert reports from laboratories had not been received so far, therefore, medical evidence was still far from the stage of being a corroboratory piece of evidence---Trial of accused was at a nascent stage---Complainant took about 10 days to report the matter to the police and waited till such time that body of deceased was recovered from a far-off field---Co-accused had also been found innocent during investigation---Case against accused called for further probe---Accused was granted bail in circumstances with the observation that prosecution/complainant would be at liberty to apply for cancellation of bail granted to accused, once medical evidence in question got a proper shape and was revealed as incriminating/corroboratory material. ORDER SHAHID HAMEED DAR, J.---Ghulam Mustafa alias Baggi (petitioner) seeks bail after-arrest in case-F.I.R. No.149/2012, dated 17-5-2012, registered for offences under sections 302, 34, P.P.C., at Police Station Rang Shah (Pakpattan Sharif). 2. Precisely, the prosecution case as narrated by Muhammad Tufail (complainant) is that his sister Mst. Zohra Bibi married Ghulam Mustafa alias Baggi (petitioner) about three years back; she developed certain differences with real brothers of her husband whereafter she along with her husband shifted to Noor Pur Adda and started living there; she told him and others including Muhammad Sarwar, Asif Nawaz and her mother…
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