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2012 SCMR 707

MUHAMMAD AFZAL vs THE STATE

Citation2012 SCMR 707
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,1026-L of 2009 Criminal Miscellaneous No,8162-B of
Date2009-11-23
Judge(s)Jawwad S. Khawaja, M. A. Shahid Siddiqui
ResultBail refused

ORDER

' MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner, Muhammad Afzal seeks bail in case F.I.R.

No,13 of 2009 dated 24-1-2009, registered at Police Station Lalian District Jhang, under section 302, P.P.C. The High Court has disallowed him bail, inter alia, for the reason that there is sufficient material gathered during the investigation of the case, which implicates the petitioner for the murder of his wife, Mst. Afia Bibi. Furthermore, learned counsel for the complainant has pointed out and this fact has also been noted by the High Court that the petitioner remained an absconder for over two months after the commission of the offence. Learned counsel for the petitioner, however, stated that the petitioner had attended the funeral {{URDU TEXT}} ( v)C?. ) of his wife and bad thereafter been taken into custody by the Police, although his arrest was not shown in the Police record. Upon being questioned, if the petitioner had applied for pre-arrest or post-arrest bail in the case or had moved any habeas corpus petition against his alleged illegal confinement, the learned counsel acknowledged that no such petitions had been filed.

2. Learned counsel for the petitioner only pressed into service the alleged, alibi that the petitioner being an employee of Daewoo Company, was at Sargodha and not at his house at Jhang at the time of occurrence. The High Court has rightly observed that this is a matter, the veracity whereof will be determined at the trial.

3. In view of the foregoing discussion, we find no justification for differing with the High Court and granting bail to the petitioner. This petition is, therefore, dismissed and leave is declined.

Cited by 11 cases

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