Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)  S. 497-Bail--[Murder case]--Plea of alibi raised but yet to be proved-Prosecution evidence already recorded in course of enquiry and nearing completion-Bail declined, in circumstances. Dates of hearing : 1st and 7th March 1973.                                                                                                                               JUDGMENT This is the fourth bail application moved by Qamar Din in this Court in a murder case. 2. On the 28th of December, 1971 a case under section 302/307/148/149/34, P. P. C. was registered at the Police Station Nawan Kot, Lahore on a report made by Shah Din against Khushi Muhammad and men others including the petitioner. The case of the prosecution is that on the 28th of December, 1971 at 2 p. m. Shah Din came to the hotel of Muhammad Azim for tea. On arrival at the hotel he saw Khushi Muhammad, Bashir alias Bokola, Muhammad Bashir alias Mohni, all the three armed with guns raised lalkaras outside the hotel to kill Azim and others. Qamar Din, Kala and Arif armed with dangs and Allah Ditta with a hockey belaboured Muhammad Amin and Parvaiz in the hotel. In the meanwhile, Hassan Din, a brother of complainant and Muhammad Rafique, his cousin, arrived at the scene and pleaded with all the co-accused to desist. But Khushi Muhammad and Bashir alias Bokola both fired on Muhammad Amin who was hit and fell down. Muhammad Bashir alias Bakila also fired at Hassan Din who was hit in the abdomen. All the three accused then entered the hotel and fired on Muhammad Nawaz who was also hit. The accused then took to their heels. Muhammad Amin succumbed to the injuries received by him. 3. On the 8th of May, 1972, Qamar Din petitioner applied to this Court (Criminal Misc. No. 977-B of 1972) for bail. But on the 2nd of June, 1972, my learned brother M. A. Zullah, J. after hearing…