' TARIQ SHAMIM, J:--- Through this petition, the petitioner seeks bail after arrest in case F.I.R. No,154 of 2005 dated 1-5-2005 for offences under section 302, P.P.C. Read with section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Chichawatni City, District Sahiwal.
2. The brief facts of the case as disclosed in the F.I.R. Are that the sister of the complainant namely Mst. Naghma Bibi alias Gungi was abducted by the petitioner and on 11-12-2004 when the complainant and the other P.Ws. Went to inquire about her the petitioner informed them that since the said Mst. Naghma Bibi was ill, therefore, she has been sent to the hospital at Chichawatni. When the complainant along with the witnesses went to the hospital, he found her dead at the hospital.
3. Learned counsel for the petitioner contended that the F.I.R. Has been lodged only on the basis of suspicion and that too after a delay of four months; that on the post-mortem examination of the deceased, no injury was found on the neck of the deceased and the lady doctor also in the said report opined that the cause of death would be determined after the report of Chemical Examiner had been received; that the report of the Chemical Examiner was also in the negative; that no direct evidence of any violence was alleged against the petitioner; that only evidence against the petitioner was of extra-judicial confession recorded at a belated stage; that no recovery has been effected from the petitioner, therefore, the case of the petitioner was one of further inquiry.
4. Conversely, the learned counsel appearing on behalf of the State assisted by the learned counsel for the complainant contended that the petitioner was nominated in the F.I.R. With specific role of abduction and strangulation was assigned to the petitioner; that the F.I.R. Was not delayed as the matter was reported to the police on the same day but the police did not register a case as such, the complainant had to approach the learned Justice of Peace on 26-1-2005 and on the orders of the learned Justice of Peace dated 5-3-2005, the instant F.I.R. Was registered; that P.Ws.
Mentioned in the F.I.R. Namely Iqbal and Irshad have fully supported the prosecution case which falls within the prohibitory clause of section 497, Cr.P.C.; that the post-mortem report shows bruises on the neck of the deceased which therefore, support the allegations mentioned in the F.I.R. Qua the petitioner, that the petitioner was an absconder for about seven months and in view thereof he was not entitled to concession of bail; that the lady Doctor of D.H.Q. Hospital, Sahiwal vide report, dated 27-1-2005 had declared the cause of death as asphyxia; that the witnesses of extra-judicial confession were independent witnesses and that during the investigation, the petitioner was found guilty by the first Investigating Officer as well as the D.S.P.; that the challan had been submitted in the Court and the trial was likely to commence in near future.
5. Arguments heard. Record perused.
6. The petitioner after abducting the deceased had caused her death by strangulation, which is supported by the post-mortem report as bruises have been found on the neck of the deceased.
The Lady Doctor of D.H.Q. Hospital in the report, dated 27-8-2005 declared the cause of death of the deceased as asphyxia. The petitioner was seen by the witnesses bringing the dead body of the deceased to the hospital apart from the other witnesses who have also supported the prosecution case against him. There is apparently no delay in lodging of the F.I.R. As the complainant after locating the deceased had approached the S.H.O. To have a case registered and on his refusal had to adopt the legal way by filing a petition under sections 22-A and 22-B of the Cr.P.C. With the learned Justice of Peace on whose order, dated 5-3-2005, the said F.I.R. Was registered. In two investigations, one conducted by the local police and the other by the D.S.P., the petitioner was found fully involved in the case. The petitioner was also an absconder for seven months which also disentitles him to the concession of bail particularly in the circumstances afore-mentioned. The challan of the case has been submitted and the trial is likely to commence in the near future.
Further the petitioner has also made an extra-judicial confession before independent witnesses namely Javed and Nisar although the admissibility or not of same can be determined only at the trial. The offence of murder falls under the prohibitory clause of section 497, Cr.P.C. And since there is ample evidence on the record to connect the petitioner with the commission of offences committed by him, I am of the considered view that the petitioner is not entitled to the concession of bail.
7. For what has been discussed above, the petition being without merit is dismissed.