' This is an application for bail after arrest on behalf of Nur Ahmad who along with two others is accused of an offence under sections 302/34, P. P. C. His similar application along with that of his two co-accused for bail after arrest was rejected by the Session's Judge, Lyallpur, on 30-1-1976.
Hence this application.
2. Learned counsel for Nur Ahmad petitioner has submitted that out of four witnesses Muhammad Din and Jamal Din have been declared hostile and they alone were the independent witnesses because the remaining two eye-witnesses namely Muhammad Iqbal (real brother of the deceased) and Fazal Din (real father of the deceased) are related with the deceased : that the testimony of both these eye-witnesses before the learned Committing Magistrate was not only contradictory but was belied by the medical evidence inasmuch as according to the two related witnesses the deceased had gone out of his house after taking his meals and immediately thereafter he was given injuries by Noor Ahmad and his co-accused Bashir Ahmad with a knife each when their third co-accused Abbas Shah held Jan Muhammad deceased in Japha but according to the post-mortem examination report the stomach of the deceased was found empty.
Lastly learned counsel for the petitioner has argued that there was a delay of six or seven hours in lodging the F. I. R. Which time was availed of by the prosecution for deliberation and consultation.
Learned counsel wants me to mention the details of contradictions which I do not think proper to do at this stage in this matter of application for bail. Learned counsel for the State controverting the arguments of the learned counsel for the petitioner has vehemently opposed the release of the petitioner on bail pending his trial and has argued that the evidence at the Sessions trial has yet to be recorded ; that the motive was established by the prosecution : that the occurrence was proved by the witnesses although related yet there were also recoveries of weapons of offence ; and that the contradictions in the ocular evidence are natural to occur due to lack of proper observations or lapse of time and that there is no contradiction between the ocular evidence in this case and the medical evidence. Learned counsel for the petitioner has argued this case like an appeal and even at this stage has reminded me of his argument that although occurrence took place on 22-5-75 and the petitioner before this Court was arrested on 23-5-75 the petitioner has been in custody for two years now due to which the petitioner may be released on bail.
3. It is premature to give any finding for or against either party. Jan Muhammad deceased who is alleged to have suffered injuries at about sunset time of 22-5-75 reached the Civil Hospital and was medically examined on 23-5-75 at 00-10 a. m. According to the medico legal report and according to the post-mortem examination report he died in the hospital at 11-50 a. m. On 23-5-75 which report also disclosed that the time which elapsed between injuries and death was 16 hours. I am of the view that the food, if any, taken by the deceased before he suffered injuries and till the time he died may have been consumed but that view I withhold lest it may influence the trial Court.
The evidence has yet to be recorded. However, the perusal of evidence of the related witnesses during the proceedings of enquiry disclose that the complainant party had no enmity to falsely implicate the petitioner and there is independent corroboration of ocular evidence also available in the material on the record. The delay of two years is no ground for grant of bail and even the Legislature did not enforce that part of law in the matter A of Sessions trial. In the circumstances there appear reasonable grounds to believe that the petitioner is guilty of offence punishable with death or imprisonment for life covered under section 497 (1), Cr. P. C. Therefore, this application for bail after arrest is dismissed. It will be open to the learned trial Judge to consider the question of grant of bail to the petitioner at any stage after recording some material evidence.