Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,307

Law: Criminal Procedure Code (V of 1898)

Section: 497

Constitution of Pakistan (1973)---Art.185(3)--Criminal Procedure Code (V of 1898), 5.497--Penal Code (XLV of 1860), Ss.302 & 307--Grant of bail on principle of requirement of consistency--Circumstances in case of petitioner, except for one, not similar to another accused who was granted bail in same case--Petition dismissed in circumstances. ORDER NASIM HASAN SHAH, J.-- The petitioner, Muhammad Iftikhar Tahir, is accused alongwith Muhammad Haroon Rashid and Altaf Hussain for offences under sections 302, 307 read with section 34, P.P.C. The case of the prosecution briefly is that relations between 11taf Hussain accused and has wife Mst. Shahnaz Begum were estranged. On the day of the occurrence, the complainant, Muhammad Sadiq P.W., who is the brother of Mst. Shahnaz Begum, learnt that the spouses had again 'quarrelled. He, therefore, went to enquire about the welfare of his sister Mst. Shahnaz Begum. On reaching there he found the petitioner and Altaf Hussain, co-accused, were present and they inflicted injuries on him as well as his companion Muhammad Ismail P.W. The complainant, therefore, went to inform Anees-ur-Rehman and all of them went to the house of the father of Altaf Hussain, accused, namely, Muhammad Haroon Rashid--the third accused. Here Anees-ur-Rehman was given injuries with a sharp-edged weapon, as a result of which he died. The petitioner Muhammad Iftikhar Tahir applied for bail and his case was taken up by a learned Single Judge of the Lahore High Court (Mr.Justice Riaz Ahmad) on 15-7-1984. On his behalf, it was, inter alia, submitted before the learned Judge that as a result of the second investigation conducted by the D.S.P. Shorkot, the petitioner was found innocent and that for this reason why he was placed in column No.2 in the report under section 173, Cr.P.C. and it was submitted that he was, therefore, entitled to be released on bail. The learned Judge was not inclined to accept this submission and observed as follows:- "I have carefully considered these contentions, and I have also gone through the entire records of the case. It is true that the D.S.P. Shorkot who had also conducted the investigation, had unlike the local police,…

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