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1987 P Cr. L J 2177

SAEE MUHAMMAD And 2 Others vs THE STATE-

Citation1987 P Cr. L J 2177
CourtLahore High Court
Case No.Criminal Miscellaneous No. 2294/13
Date1987-07-25
Judge(s)Falak Sher
ResultApplication dismissed

Petitioners are involved in a case registered, under section 302/148/149 of the Pakistan Penal Code, vide F.I.R. No. 185, dated 16- 7- 1986, at Police Station Miana Gondal, District Gujrat. They were refused bail by the learned Additional Sessions Judge, Gujrat, vide order dated 25-6-1987, hence the present petition.

2. This was admitted for hearing on 12- 7-1987 and notice was issued to the State by another learned Bench; and this very morning it has been put up before me for hearing today.

3. Upon perusal of the documents' appended with the petition, in particular comparative examination of the illegible photostatic certified version and the so-called better copy of the F.I.R., a point of grave concern has been noticed. A crucial injury on the head of the deceased has been very conveniently omitted from the so-called better copy. I got it compared with the carbon copy of the F.I.R. Which is in possession of the learned A.A.-G., wherein the head injury to the deceased does find specific mention. The so-called better copy bears an inscription `true copy attested', and is signed. This was pointed out to the learned counsel for the petitioners; and was asked to identify the signatures; who after some hesitation made a statement at the Bar that the signatures are that of his Clerk. The learned counsel for the petitioners could not offer any explanation for this. One conceivable view could be that it is a coincidence, but, I am afraid, that it is too much of a coincidence that only head injury got omitted from the better copy. I am not inclined to lend any credence or to be a subscriber to this view. I have no doubt in my mind that this omission of the head injury to the deceased was deliberate and intentional for ulterior motive of getting bail on the basis of a forged document. This is not only criminal but also demonstrates the magnitude of derelicted specie of moral fiber -- to put it mildly. On this account alone, petitioners do not merit for the concession of bail, consequently the bail application is dismissed.

Keeping in view the gravity of the situation, the learned A.A.-G. Is directed to have a case registered in this behalf against the person who has signed the better copy of the F.I.R. Proceedings in this case should be concluded expeditiously, and a report thereof should be submitted to the learned Registrar of this Court. A copy of this order be sent to the learned A.A.-G.

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