Basharat A.I petitioner is an accused in a murder case. He has moved this petition for bail.
2. On 29-3-1988 Abbas A.I, Chaukidar found a dead body lying in a ditch with fire-arm injuries on the abdomen. He lodged the report at Police Station Sarai Alamgir on the same day at 5-05 p.m.
According to the prosecution, the dead body yeas 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 A.I going towards Pabbi Rakh Sarkar. They were armed with fire-arms. When they were returning, they again saw Basharat A.I petitioner, Arshad and Liaqat. They enquired from them about Abdul Ghafoor and they told them that he had gone to Doga Nahaal. A Klashnikov was allegedly recovered from Basharat A.I 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 investigating is not at all sufficient to connect the petitioner with the commission of crime. Learned State counsel has opposed 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 Klashnikov 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 post-mortem report it appears that nobody identified the dead body to be that of Abdul Ghafoor before the.-doctor at the time of post-mortem examination. The postmortem report only shows that the dead body was of a male, aged 40 years.Name, parentage, case and residence of the deceased have been shown therein as (---)
(unknown). 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.1,00,000 (one lac) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujrat.