' Shah Wali Khan, accused-petitioner facing prosecution in case F.I.R. No,133, dated 20-10-1998 under section 302/34, P.P.C., Police Station, Akbar Pura, Tehsil Nowshera was refused bail by the two Courts below. Hence he has approached this Court for the same relief.
2. Ayub Khan complainant on 15-10-1998 at about 9-20 a.m. Was informed that the dead body of his brother Ziyarat Gul was lying in the vacant house of Ilhamuddin, he went there and found the dead body of his brother which was taken to the police station where he lodged the report to the effect that on the preceding night at about -9.00 p:m. Sakhawat and Shah Wali called hit,Ileceased brother who went along with them. He stated that his brother has been killed with electric shock and charged Sakhawat and Shah Wali for his murder. His report was recorded vide Mad No,12, dated 15-10-1998 which was investigated under section 174, Cr.P.C. And upon investigation the police came to the conclusion that the deceased has been murdered by torture. Thereafter, a case under the above section, of law was registered against the accused-petitioner and his co- accused.
3. I have heard the learned counsel for the parties and perused the record of the case with their assistance.
4. According to the F.I.R. Ziarat Gul deceased had gone with the petitioner and his co-accused on the preceding night at 9.00 p.m. And on the next morning he was found dead from the walled plot of one Ilhamud Din. There is sufficient evidence on the record that the deceased was taken by the accused-petitioner and his co-accused and was lastly seen in their company. Statements of Ayub Khan, Murad Khan and Muzahir Shah recorded under section 164, Cr.P.C. Support the prosecution version that the deceased was taken by the accused-petitioner and his companion on the preceding night and on the following day, was found dead. According to the medical report the deceased was done to death due to violence on his person i,e, suffocation leading to asphyria and repiratery arrest and fracture of the neck vertebra. The accused-petitioner after the occurrence disappeared and remained in hiding for about four months against whom warrant under section 204, Cr.P.C. Was issued and thereafter, proceedings under section 87, Cr.P.C. Were also undertaken.
There are reasonable grounds to believe that the accused-petitioner is connected with the commission of the crime which entails punishment of death or life imprisonment, therefore, he is not entitled to the concession of bail.
' Consequently this bail .Application is rejected.