| Citation(s) |
|---|
| 2018 SLG 2214 2018 SLD 2214 2018 PLJ 620 |
Lahore High Court
Crl. Misc. No. 6093-B of 2017, decision & hearing Dated: 16.11.2017.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Mr. Malik Muhammad Saleem & Mian Abdul Ghaffar, Advocates for Petitioner. Mirza Abid Majeed, DPG for State. Mr. Muhammad Nasrullah Qureshi, Advocate vice counsel for Complainant.
Crl. Misc. No. 6093-B of 2017, decision & hearing Dated: 16.11.2017.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Mr. Malik Muhammad Saleem & Mian Abdul Ghaffar, Advocates for Petitioner. Mirza Abid Majeed, DPG for State. Mr. Muhammad Nasrullah Qureshi, Advocate vice counsel for Complainant.
ABDUL HAMEED
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 364, 376, 201 & 34--Bail after arrest--Grant of--Allegation of--Abduction, rape and murder--Allegation of rape and then strangulated deceased to death and threw her dead body in canal--As per Post Mortem Report--No work of ligature on neck, hyoid bone seems to be intact--Stomach is filled with water and gasses--No zina has been committed as per PFSA report--As per histopathologist, No drug/poison is detected--No physical injury is available on body of deceased--Question of vicarious libaility and sharing of common intention needed evidence--FIR lodged after given days of occurrence--Extra judicial confession of accused--Bail allowed. Ehsan-ullah. v. The State 2012 SCMR 1137, Mitho Pitafi. v. The State 2009 SCMR 299, Maulana Abdul Aziz v. The State 2009 SCMR 1210, Qamar alias Mitho. v. The State and othersPLD 2012 SC 222 & Niaz Ali Shah v. The State and another 2015 PCr.LJ 766, ref. Medical Jurisprudence-- ----Signs of Drowning case as under: 1. Absence of any injury 2. Cutis anserine and retracted penis 3. Water and Mud in stomach 4. Froth in air passages 5. Distended Lungs 6. General signs of death by asphyxia. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.- - Through this petition, Abdul Hameed (petitioner) seeks post-arrest bail in case FIR No. 225/2016, dated 14.6.2016, under Sections 302, 34, PPC and private complaint lodged under Sections 302, 364, 376, 201/34, registered, at Police Station Shah Jamal, District Muzaffargarh. 2. Precisely, according to prosecution version as gleaned out from the FIR as well as private compliant registered by Mst. Noor Mai complainant, the allegation against the petitioner is that he along with his co-accused abducted Mst. Tahira Bibi and the petitioner after committing rape with her, committed the murder of the Mst. Tahira Bibi. 3. Heard. Record perused. 4. Initially, the father Muhammad Sarfraz of the alleged deceased Mst. Tahira Bibi got recorded a rapt No. 16 dated 9.6.2016 to the police that his daughter Mst. Tahira Bibi has committed suicide, whose dead body was recovered from the canal. It is…
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