Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497---Bail, grant of-[Murder-case]-----Contention pressed into service for grant of bail mostly touching merits of case----Case already se fixed for trial and processes issued to prosecution witnesses-----Grant of bail at such stage, held, not appropriate-Bail declined, in circumstances.                                                                                                                                 ORDER This bail application has been moved by the two accused persons, namely Atta Mohammad and Noman, in a case registered against them under section 302. P. P. C. with Police Station, Katha Saghral, Tehsil Khushab, District Sargodba, for the murder of one Shah Muhammad son of Phula. The facts are that on 7thJune, 1979 an unidentified dead body was found by one Havildar Maula Bakhsh lying at some place about which he made a report with Police Station, Noshera. On 22ndJune, 1979, one Phula Khan father of the deceased Shah Muhammad lodged an F. I. R. with Police Station Katha Saghral about the missing of his son. The petitioners were arrested on 2ndDecember, 1979 in connection with the above murder. The arrest of the petitioners was caused on account of the doubt cast in the F. I. R. lodged by the father of the deceased that the petitioners had abducted the deceased with the intention to kill him on account of the illicit relations which the deceased had with Mst. Malkani the wife of petitioner No. 1 and the sister of petitioner No. 2. The petitioners moved an application for bail before the learned Addi tional Sessions Judge, Sargodha who dismissed the same, by his order dated 4th May. 1980, upon which the present bail application was moved in this Court. The learned counsel for the petitioners contended that in view of the position that the dead body was an unidentified one and that the petitioners…