Hyderabad: Court seeks report in murder case
HYDERABAD: The additional district judge–1 of Hyderabad on Friday called a report from the investigating officer of murder case of a student, Naveed Shaikh, after an application was filed on behalf of accused, Mohammad Bin Abdullah, claiming that he is being held in wrongful confinement. The application was filed by Zahoor A. Baloch advocate. The judge fixed next date of hearing of the case for Monday after state prosecutor informed the court that police papers were not available with him.
An application under section 491 Cr.PC was filed by Jordan national Mohammad on the ground that since police had not submitted interim or final challan, his client is deemed to be in wrongful confinement, therefore, he should be released.
The application was filed before sessions judge who forwarded it to ADJ–I as he would also be hearing bail application of the accused.
The applicant`s counsel said that police couldn`t keep anyone in custody beyond 14 days and police also didn`t meet the deadline of three days for preparation of challan.
He said that his queries from Judicial Magistrate-X revealed that only a one page report was submitted before him, mentioning that investigation is still continuing and time is required for completion of probe.
The counsel said that police had recorded statements of around half a dozen witnesses which also proved that it was a suicide and not a murder.
He said that Zenix tablets were found from deceased`s possession in addition to two magazines, 10 live bullets and a pistol were recovered beside the body of deceased. He said that Mohammad Bin Abdullah was in wrongful confinement, therefore, he should be released.
The court directed Makki Shah police`s investigating officer to submit a report in this regard. The matter was adjourned till Monday when bail application would also be taken-up for hearing.
The investigating officer informed the court that exhumation of deceased, found dead on October 27 in Al–Amna complex, would take place on November 20 in Shikarpur for second post–mortem because deceased`s father had contested first post–mortem report.