MUHAMMAD ISLAM BHATTI, J.- One Muhammad Sharif son of Nawab Din resident of Ahmadpur Police Station A-Division Sheikhupura was murdered on the night between 9th and 10th of May, 1998. The matter was reported to the Police by his son Shahid Mehmood on 10.5.1998 through an find writ petition No. 10244/1998 alleging therein that The murder had-in fact been committed by Mst. Bilqees Akhtar and Muhammad Abbas due to the fact that Mst. Bilqees Akhtar had illicit liaison with him and she also intended to usurp the property of the deceased but since Muhammad Abbas had friendly relations with Muhammad Nawaz M.P.A, of the ruling party. Muhammad Abbas was released by the Deputy Superintendent of Police City Circle Sheikhupura and S.H.O. Police Station A-Division, Sheikhupura arrayed as respondents No.2 and 3 therein, without taking any legal proceedings against him in order to spoil the case of the prosecution and to save Muhammad Abbas mala fide, and instead Muhammad Ilyas Gujjar and Shahzad Ahmad Dogar had been arrested who were both innocent but the said respondents were forcing the petitioner and his brother Khalid Mehmood to implicate them falsely and forgive Mst. Bilqees Akhtar and Muhammad Abbas. It was on this writ petition that the S.S.P. Sheikhupura was directed by the Hon'ble Chief Justice to hear the grievance of the petitioner personally in his office on 6.6.1998 at 11.30 A.M. And then to issue necessary directions to the officials concerned. He was further directed to supervise the investigation and to see that it was concluded expeditiously.
4. It was thereafter that the investigation was entrusted to Nazar Hussain Inspector P.S.O. To S.S.P.
Sheikhupura and was finally taken over by the S.S.P, himself. Meanwhile Khalid Mehmood son of Muhammad Sharif made an application to the Judicial Magistrate for recording his statement under Section 164 Cr.P.C, which was accordingly done on 22.6.1998 in which Khalid Mehmood nominated his step mother and Abbas as the real accused and gave a clean chit to Shahzad Dogar and Ilyas. He had earlier submitted an affidavit also to the effect that he never implicated Shahzad and the Police had of their own recorded a supplementary statement alleged to be his.
Similar affidavits were given by Shahid Mehmood complainant and after thorough investigation the S.S.P. Sheikhupura vide his Zimni dated 12.7.1998 found Mst. Bilqees Akhtar and Muhammad Abbas as the real culprits and guilty for the offence and concluded further that Ilyas and Shahzad were totally innocent.
5. It also appears that apprehending that the investigation was not being carried out on the right lines Shahid Mehmood find a private complaint against Abbas and Mst. Bilqees Akhtar, in which the nominated accused were duly summoned.
6. Muhammad Abbas accused moved on application for bail but it was dismissed by the learned Additional Sessions Judge, Sheikhupura by means of his order dated 3.11.1998. He has come to this Court seeking bail and maintaining in his application inter alia that the case of the complainant's side is of 'for' versions, giving rise to very serious doubts, the benefit of which should be extended to the accused; that it is a blind murder with no eye-witness who could have seen the commission of the crime and that there are reasonable grounds to believe that the petitioner is not connected with the offence with which he stands charged and, as such, it is a case of further enquiry.
7. I have today heard the learned counsel for the petitioner. He has repeated his assertions made in the application and has urged with vehemence that the case of the petitioner is of further enquiry into his guilt; that the evidence with regard to the extra judicial confession and recovery of crime weapon are fabricated and should not stand in the way of the bail being granted to the petitioner.
After applying myself to the contentions raised at the Bar and carefully going through the Police file I have come to the conclusion that there is sufficient evidence with the Police which leads to a reasonable belief that Abbas is the real culprit and mainly responsible for the offence. He has, therefore; no good case for bail. The bail petition is accordingly dismissed.