MUHAMMAD RAFIQ TARAR, J.-Basharat Ali petitioner is an accused in a murder case. He has moved this petition for bail.
2. On 29.3.1988 Abbas Ali Chaukidar found a dead body lying in a ditch with firearm injuries on the abdomen. He lodged the report at Police Section Sarai Alamgir on the same day at 5.05 p.m.
According to the prosecution, the dead body was of Abdul Ghafoor deceased.
3. During the investigation, Khadim Hussain and Ghulam Nabi P.Ws appeared before the police and made statements under section 161 Cr. P.C. That on 21.3.1988 they were going to village Kanara in order to purchase a cow when they saw Abdul Ghafoor, Basharat Petitioner, Arshad and Liaqat Ali going towards Pabbi Rakh Sarkar. They were armed with firearms. When they were returning, they again saw Basharat Ali petitioner, Arshad and Liaqat. They enquired from them about Abdul Ghafur and they told them that he had gone to Doga Nahaal. A Kalashankov was allegedly recovered from Basharat Ali on 14.4.1988.
4. Learned counsel for the petitioner contends that there is no direct evidence of the murder and the material collected by the investigation is not at all sufficient to connect the petitioner with the commission of crime. Learned State counsel has oppposed the prayer for bail. He concedes that the only evidence collected by the investigating officer consists of statements of Khadim Hussain and Ghulam Nabi, referred to above, and recovery of Kalashankov from the petitioner.
5. I have considered the submissions made by the learned counsel for the parties in the light of material available on the record. From the postmortem report it appears that no body identified the dead body to be that of Abdul Ghafur before the doctor at the time of postmortem examination. The postmortem report only shows that the dead body was of a male, aged 40 years.
Name, parentage, caste and residence of the deceased have been show therein as (nuknown). In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioner is made out. I, therefore, admit him to bail in the sum of Rs. l,00,000/-(one lac) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujrat.