MURDER OF WIFE

                                    IN THE COURT OF ( NAME OF THE JUDGE),                     ADDITIONAL SESSIONS JUDGE, XYZ

Sharif    Versus  The State

Post arrest bail.

FIR No.	Offences	Police Station
No /yyyy	302/392 PPC	ABC, XYX (City).

dd.mm.yy

Present        Learned counsel  for petitioner.

                    Learned Public Prosecutor for the State.

         

                    Brief facts  as alleged in the FIR lodged at the instance of complainant are that on dd.mm.yy  at 7:50 PM  he was traveling with his wife  on motorcycle  near mobile Tower  in the area of Chak No.140/00  when three persons  having firearms stopped them. One of them was tall and other two were  short/medium height. The  tall one snatched cash of Rs. 1600/- from the pocket of complainant.  Wife raised hue and cry whereupon the tall accused made pistol fire which  crossed through head  of  wife  who died  on the spot.

2.                Learned counsel for the petitioner submitted that,  there is delay of one hour and thirty five minutes  in lodging the FIR  which is unexplained. That petitioner is not nominated in the FIR. That petitioner is nominated in supplementary statement with general role.  That there was no intention to kill. That petitioner was falsely implicated  in the case.  That brother of deceased has also filed   private complaint  regarding the occurrence. That case requires further inquiry. That petitioner was arrested on dd.mm.yy

 and he is no more required  for investigation.  Reliance was placed on 2010 YLR 694 (Lahore),  2003 MLD 145, 2012 MLD 319, 2010 P Cr.L.J. 456 and 2010 P Cr.L.J. 564.

3.                Learned Public Prosecutor opposed the petition.

4.              I have heard the arguments and perused the record.

5.            The petitioner was arrested on the basis of suspicion.  He was sent to judicial lock up  for identification parade  on dd.mm.yy. On dd.mm.yy he was duly identified  during identification parade. On dd.mm.yy during investigation, he led to the recovery of part of stolen money i.e.  Rs. 500/- and a Kalashnikov rifle  on his pointation.  It is contended on behalf of the petitioner that any specific role is not attributed to him but I am of the opinion that absence of specific role in a dacoity-cum-murder case does not entitle  the petitioner to bail. By now brother of deceased has filed private complaint wherein he arraigned   one (complainant of FIR) and some others including present  petitioner on the allegation of murder of  wife of the complainant. The private complaint does not at all mitigate  the connection of petitioner with case rather it just  supplements  the FIR case. The petitioner is prima facie connected with the offence, therefore, petition is dismissed. Record this petition  be annexed with the challan file.

Announced

15.00.0000

Judge