MUHAMMAD MUNIR.KHAN, J.---This petition is directed against the order of Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 10-11-1994, whereby Shaukat Ali respondent No,1 has been allowed post-arrest bail in case under section 302, P.P.C. For the murder of Muhammad Shakeel for the reasons that "the Inspector/SHO present in Court has stated that during investigation no other evidence could be collected and same is the opinion of the last Investigating Officer that despite efforts and having joined other persons in investigation, no further evidence could be gathered. The evidence of last-seen does not place the accused and the deceased in sufficient proximity to the time and space qua the offence of murder".
2. After hearing the learned counsel, we find that there is no direct evidence against the respondent No,1. The dead body of Shakeel was found near a Nullah on 17-11-1993. Muhammad Rashid P.W.4, appeared before the police on 21-11-1993 and stated that he had seen Shakeel and the respondent No,1 together in a Suzuki van in the Bazar of Kallar Syedan on 11-11-1993. The bazar of Kallar Syedan is not near to the place where the dead body was found. The exact time of the murder is not known.In this view of the matter e feel that the last seen evidence collected by the police during the investigation may not be sufficient enough to exclude the hypothesis of the innocence of the accused. The reasons given by the High Court for the grant of bail are fully convincing. No case for interference with the well-reasoned order of the High Court is made out.
3. Accordingly, leave to appeal is refused.