Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)   S. 497 Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Bail Reasonable grounds did not appear to exist that the accused had committed the murder of deceased, an offence punishable with death or imprisonment for life or imprisonment for ten years Petition for leave to appeal was converted into appeal and the accused were granted bail in circumstances. JUDGMENT MUKHTAR AHMED JUNEJO, J.Petitioners Muhammad Sadiq and Akhtar Javed have sought leave to appeal against an order dated 18 10 1994 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench dismissing their prayer for bail, in case which was outcome of F.I.R. No. 33/94 of Police Station Dhuman, District Chakwal. Said F.I.R. relates to murder of Aurangzeb on the night between 7th and 8th of October, 1993, which was registered on 19 4 1994 on an application moved by Walayat Ali brother of the deceased. In his F.I.R. he explained that on the night of incident at 11 00 p.m. or 12 00 midnight he had seen incised wounds on person of Aurangzeb but thought the same to have been caused by some wild animal and thereafter the dead body of the deceased was buried. It was added that a few days before the incident the deceased was given threat by one Muhammad Salim whom the deceased had stopped from visiting his house. Complainant’s son Qasim Ali told this to the complainant after he came to the village from Lahore a few days after the death of Aurangzeb. On the application of Walayat Ali, the dead body of Aurangzeb was exhumed and examined by a doctor who found three penetrating wounds over chest and abdominal cavity. The doctor found the body to be in advanced condition of decomposition. He found the injuries to have been caused by sharp edged weapon and they were opined to be sufficient to cause death of the deceased. The police investigated the case and an interim challan is said to have been placed in Court. Mr. Muhammad Munir Peracha, learned counsel for the petitioners, argued that the F.I.R. was lodged after a period of six months and that there is…

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