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Criminal Miscellaneous No. 4816-B of 1977, decided on 24th January, 1978.

-- S. 497---Bail---Facts whether insecticide mixed in lassi or deceased happened to consume same earlier and as to who mixed insecticide in lassi yet to be determined -Direct evidence to these facts not forthcoming---Value of extra judicial confession remains to be assessed at trial-Held, until sufficient evidence inconsistent with innocence of accused collected or produced before Court, petitioner entitled to bail in circumstances of case.---Penal Code (XLV of 1860), S. 302.

M. S. Baqir for Petitioner.

Rafique Butt for A.-G. for the State.

The petitioner stands accused of murder. The allegation against him is that he administered poison to the deceased in Lassi on the fateful day. However, from the F. I. R. it appears that the complainant and the deceased left their village on that day for Vehari. The petitioner joined them on the way. On reaching Vehari, while the others got busy with their own jobs the petitioner went into a hotel for refreshment. Some time later the complainant and the deceased also joined him in the hotel where he was already enjoying a glass of Lassi. He poured some Lassi also for the deceased from a jug. All the three of them left the hotel after taking Lassi. Subsequently the deceased got sick and was taken to hospital but he died after some time. The Chemical Examination of the viscera of the deceased "disclosed that some insecticide had been consumed by him.

Now, it remains to be determined at the trial as to whether the insecticide had been mixed in the Lassi or the deceased happened to consume it even earlier. Further, it remains to be seen as to who, in fact, had mixed it in the Lassi, if at all the insecticide was administered to the deceased in the Lassi. There is no direct evidence so far in this behalf. The Investigating Agency has, however, collected some evidence according to which the petitioner made an extra-judicial confession before two respectables of the village. The values of the alleged extra-judicial confession also remains to be assessed at the trial. The petitioner's own version is that the complainant had a motive to kill the deceased because the latter knew about the com plainant's illicit liaison with some woman and had disclosed it to the relatives of that woman. On the other hand the motive, attributed to the petitioner by the prosecution is that he owed Rs. 4,500 to the deceased and being unable to pay back the debt wanted to get rid of him.

In these circumstances I am of the opinion that until sufficient evidence is collected or produced before a Court of law which should be inconsistent with the innocence of the accused petitioner he is entitled to remain on bail. I, therefore, admit the petitioner to bail' in the sum of Rs. 10,000 (Ten thousand only) with two sureties each in the like amount to the satisfaction of the S. D. M., Vehari.

Bail granted.

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