Petitioners Muhammad Akram and Muhammad Bashir alias Bashir Ahmad seek bail in a case registered against them and others with Police Station Pattoki, District Kasur, for offences under section 364/302/379/109/ 201/170/171/34, P.P.C. And section 14-6-1979 of Islamic Law vide F.I.R. Dated 28-7-1991. The case was got registered by Mst. Musharaf Bibi for the murder of her son Ashraf Hussain Shah against some accused named in the F.I.R. And two police officials. Allegation contained in the F.I.R. Is that the first informant's son had strained relations with his wife. First informant's son was owner of 45 acres of land. His wife and her brother wanted to grab his property. On the day of incident, brothers of the wife of the deceased came alongwith two police officials and took away Ashraf Hussain Shah, who never returned, therefore, the present case.
2. It was contended by learned counsel for the petitioners that the case against the petitioners is highly doubtful. Argued that the petitioners are not named in the F.I.R., therefore, their participation in the occurrence is highly doubtful. Argued that there is no evidence so far available on the file which could even remotely connect the petitioners with the occurrence. Submitted that one of the eye-witnesses has made a statement under section 164, Cr.P.C. Exonerating the accused persons.
Petition has been opposed by learned counsel for the State.
3. I have heard the learned counsel and gone through the file. Petitioners are not named in the F.I.R.
But their description was mentioned. Both of them are from the police department. They were identified by the eye-witnesses during the identification parade. Petitioners had taken the deceased on the pretext that he was required in connection with some case. There is nothing in the record nor it has been alleged that the complainant had any motive for the involvement of the petitioners. Even otherwise, it is apparent that she was not even aware of their names. Since they had taken away the deceased, whose dead body was found later, prima facie the involvement of the petitioners is apparent. No ground for bail is made out. The petition is dismissed.