Bail

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No. ________/2003 In Crl. Appeal No. 131/2001

1. 2.

Muhammad Saleem alias Cheema Haq Nawaz

sons of Muhammad Ashiq

Both Malang by caste, R/o Ban Bosan, P.S. Alpa, Multan. ………Petitioners VERSUS The State.

……Respondent

Application U/s 426 Cr.P.C. for suspension of sentence. In case: F.I.R. No. U/s: P.S.

239/97 Dated: 302/34 P.P.C. Alpa, Multan.

21.11.97

Note: As per instructions of the clients, this is the first bail application being moved before this Hon’ble Court. Advocate Respectfully Sheweth: 1.

That the petitioners were convicted on 29.01.2001 in the abevo-captioned case and were sentenced by Malik Muhammad Arshad, A.S.J. Multan, to undergo life imprisonment and were directed to pay Rs. 50,000/- each as compensation to the legal heirs of the deceased U/s 544-A Cr.P.C. and in case of non-payment of the compensation amount, the convicted would have to further undergo six months simple imprisonment. The benefit of Sec-382-B Cr.P.C. was also given to the accuseds while computing their sentence.

2.

That both the petitioners claim concession of bail on the following: -

GROUNDS i)

That the petitioners are innocent. They have not committed any crime.

ii)

That the prosecution witnesses are inter-related and also related to the deceased and the complainant, their evidence does not inspire confidence and without independent corroboration, could not be made basis for conviction of the petitioners.

iii)

That no recovery having been effected from the petitioners/accuseds, necessary corroborated evidence was lacking qua them and accuseds had been found innocent during the course of investigation.

iv)

That motive given in the F.I.R. was very weak and remained unproved and the learned trial court rightly disbelieved it.

v)

That at the worst, keeping in view the nature of injuries, it cannot be said that accuseds had intentions to cause death of the deceased or to cause bodily injury with knowledge that it was likely to cause death or was sufficient in the ordinary course of nature to cause death of the deceased. As such, conviction U/s 302/34 P.P.C. is bad in law.

vi)

That even otherwise, the petitioners were convicted on 29.01.2001. Their appeal is still pending and has not been disposed of for more than two years. As such, the petitioners are entitled to the concession of bail as a matter of right. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to pass an order directing the release of the petitioners on bail. Humble Petitioners, Dated: 11.03.03 Muhammad Saleem etc. (Convicts) Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. C.C. No. 2216