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Criminal Miscellaneous No. 4526-B of 1977, decided on 19th December 1977.

S. 498-Prosecution case against petitioners resting on (i) their extra judicial confession, (ii) having been seen carrying an unidentified person on a cot and (iii) recovery of blood-stained toka two and a half months after occurrence-Petitioners, held, entitled to concession of bail, in circumstances.

Riaz Kayani for Petitioners.

Ch. Muhammad Anwar Khan for the State.

Sultan Ahmad Khan Muhammad, Muhammad Sharif and Bashir Abmad petitioners have moved this petition for bail in a case registered against them under section 302 of the Pakistan Penal Code.

2. On 26th July, 1976 at 12-00 noon Saeed Muhammad, Chaukidar of village Ahdi, saw the dead body of an unknown woman in the Qadirabad Link Canal and reported the matter to the police through Report No. 8 dated 26-7-1976. After the post-mortem examination the dead body was buried as "untraced". It is alleged that on 7th October 1976 the petitioners made extra judicial confession before Khushi Muhammad and Bahadur p. Ws. that they had committed the murder of the deceased woman and thrown her dead body in the canal.

3. There is no direct evidence in this case and the material collected by the investigating agency consists of :-

(i) the extra judicial confession allegedly made by the petitioners before Khushi Muhammad and Bahadur P. Ws.;

(ii) the evidence of Muhammad Din, Nur Muhammad and Yuqub p. Ws. that they had seen the petitioners carrying a cot and that on their inquiry the petitioners told them that they were taking the patient to a Hakeem ; and

(iii) the recovery of blood-stained Toka at the instance of Sultan petitioner.

4. The learned counsel for the petitioners contends that Khushi Muhammad and Bahadur P. Ws. had absolutely no connection whatso ever with the petitioners and there was no reason for them to make any confessional statement before them two and a half months after the occurrence. He further submits that the alleged extra judicial confes sion, unsupported by any other evidence, would not be sufficient for entertaining a reasonable belief that the accused are guilty of an offence punishable with death or imprisonment for life. It is further submitted that the petitioners are behind the bars for the last more than one year and their trial is not in sight so far.

5. I have gone through the record. The petitioners are residents of village Wasu. Sultan and Bashir P. Ws. are alleged to have made the confession before Khushi Muhammad of village Ahla and the other two before Bahadur Khan of Dhok Daud. The alleged last-seen evidence was furnished by Muhammad Din, Nur Muhammad and Yaqub who stated that they had seen the petitioners carrying a cot and on their query they told them that they were taking the patient to a Hakeem. They did not even name the deceased in their statement which were recorded on 7th Otober, 1976, I.e. about two and a half months after the occurrence. The alleged recovery of Toka was also made two and a half months after the occurrence. It is admitted that the dead body was not identified by any body. In the circumstances, I feel that the petitioners are entitled to the concession of bail. Consequently, I allow this petition and admit them to bail in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.

Petition accepted.

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