Muhammad Saleem petitioner who alongwith another is involved in a murder case, has moved this petition for Bail. Criminal Miscellaneous No. 41-B-1981 previously filed by him and his co-accused at Multan Bench was dismissed by Mr. Justice Aamer Raza A. Khan, J. (as he then was), on 14th February, 1981. There is no direct evidence in this case and the prosecution relies on last- seen/Wajtakkar evidence furnished by Muhammad Hussain and Abdul Wahid P. Ws. The recovery of blood--stained razor and blood-stained clothes from the petitioner and presence of injuries on his fingers, the duration of which corresponded with time of occurrence.
2. The learned counsel for the petitioner contended that the material collected by the investigation agency does not connect the petitioner with the commission of crime. He submitted that Muhammad Hussain firstly appeared before the police on 27th June, 1980 but he did not make any mention of having last seen the deceased with the petitioner and his co--accused and it was for the first time on 2nd July, 1980 that he came up with the version of having seen the deceased in the company of the petitioner and his co-accused. He further submitted that Abdul Wahid appeared before the police on 27th June, 1980 and he too did not make any mention having seen the petitioner and his co-accused coming down from the Choubara of occurrence in disturbed condition and such a statement was made by him before the police for the first time on 2nd July, 1980. It was contended that these facts were not brought to the notice of the learned Judge during the hearing of the previous petition. The ground on which statements regarding last seen/Wajtakkar have been assailed was also available at the time of filing of the previous petition and the order passed therein shows that the statement of Abdul Wahid was duly considered while passing the said order. In the circumstances; there is no fresh ground or change in the circumstances of case. The petition is dismissed.