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Criminal Miscellaneous No. 1728-B of 1982, decided on 4th August, 1982.

Criminal Procedure Code (V of 1898)-

S. 497-Bail-(Murder-case)-Only evidence, collected by Police against petitioners comprising of last seen-Petitioners allowed bail, in circumstance.-[Evidence].

Khan Lai Khan Baloch for Petitioners.

Tariq Javed for the State.

This is an application for bail on behalf of 4Abid and Dost Muhammad petitioners in a case under section 302/364734, P. P. C. registered at Police Station Chiniot vide F. I. R. No. 117, dated 22-3-1982.

2. The prosecution case is that the petitioners and Mst. Sabiban in furtherance of their common intention abducted Farrukh Iqbal and thereafter throttled him to death.

3. Learned counsel for the petitioners submits that there is no evidence to connect the petitioners with the murder. Mr. Tariq Javed learned Stat counsel after going through the police file and consulting Muhammad Rashid A. S. I. told that there is no ocular evidence, no evidence of extra-judicial confession and no evidence of recovery against the petitioner and the only evidence collected by the police during the investigation is that of last seen.

4. After hearing the learned counsel for the parties I find that in view of the statement made by the learned State counsel, the matter requires further inquiry. The petitioners are, therefore, allowed bail subject to the furnishing bail bonds in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Chiniot.

Bail granted.

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