' Muhammad Munir has moved this application under section 497, Cr.P.C. For the grant of post- arrest bail in case registered vide F.I.R. No,505/94, dated 7-10-1994 under section 302/34, P.P.C.
Police Station Shumali Cantt., Lahore.
2. According to F.I.R., the petitioner alongwith co-accused inflicted knife injury on the left side of chest of Zia Ullah who fell down and in the way to hospital succumbed to injuries.
3. In support of the petition learned counsel argued that the S.H.O. Of the local police station has declared the petitioner innocent and same finding has been affirmed by the D.S.P. Cantt.; no recovery has been effected from the petitioner and that the petitioner was not present at the spot when the occurrence took place and he was very much on his duty. According to learned counsel the petitioner's case is one of further inquiry.
4. Learned counsel for the State has vehemently opposed the petition. According to him, in the last investigation conducted by the D.S.P., Cantt. Division, the petitioner has been found guilty and challan has been submitted. He further states that today the case is fixed before the learned Sessions Judge for the entrustment of the same to any learned Additional Sessions Judge.
5. I have heard learned counsel for the parties at length and have gone through the police file. The fatal injury caused to the deceased is attributed to the petitioner. He is named in the F.I.R. With a specific role. Mere filing of affidavits of certain persons without any corroborative evidence is not a sufficient factor to shake the veracity of the story put by the complainant, duly supported by the eye-witnesses. In case of Nazir Ahmad v. The State PLD 1977 Lah. 1261 it was held that there are only three sections in the Code of Criminal Procedure, that is, sections 74, 526 and 539-A, according to which a fact may be got proved by affidavit. It follows that an affidavit not covered by these sections is not legal evidence. The same proposition came under consideration before the Supreme Court and their Lordships in the case of Mst. Bushran Bibi v. Nisar Ahmad Khan and others PLD 1990 SC 83 observed that even under Article 163 of the Qanun-e-Shahadat, procedure of swearing on Holy Qur'an (oath proceedings) is not applicable in criminal cases. Furthermore, there is nothing on record to support the plea of alibi. The petitioner has finally been challaned and as such opinion of one of the Investigating Officer is of no avail to the petitioner and carries no weight.
It was a brutal murder committed in broad daylight. No case for bail is thus made out. The application is dismissed. However, the learned Sessions Judge, Lahore is directed to expedite the trial of the case.