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Criminal Miscellaneous No. 322-B of 1982, decided on 31st January, 1982.
-------S. 497 (2)-Bail, grant of-(Murder-case)-Petitioners having no direct motive for murder of deceased and question whether their extra-judicial confession was joint or several yet to be gone into by trial Court--Prima facie case against petitioners, held, one of further inquiry, covered by S. 497 (2) of Cr. P. C.-Bail allowed, in circum stances.
Ch. Muhammad Abdus Saleem for Petitioners.
Five petitioners before me are accused of an offence under sections 302/ 149 and 148, P. P. C. It is admitted that while variously armed with hatchets and sotas they took away Muhammad Nawaz deceased from his house and after causing his murder buried his dead body in the compound of their house and subsequently removed the dead body and threw it in an abandoned well.
2. Learned counsel for the petitioners submits that the pieces of evidence appearing against the petitioners, viz. joint extra-judicial confession, recovery of the dead body at the joint pointation of the petitioners and recoveries of various weapons of offence after about 3 days of the murder and delay in lodging of the F. I. R. do not connect the petitioners with the crime and petitioners have been falsely implicated on account of suspicion and party faction.
3. Learned counsel for the State and for the complainant have sub mitted that there is a convincing explanation coming forth on record for the delay of 7 days in lodging of the F. I. R. because Muhammad Nawaz deceased disappeared from the house and was expected to have gone to see some mela of animals, that the extra judicial confession was individually and separately given by the petitioners before this Court who subse quently led to the recoveries of weapons of offence with which they had caused the murder and petitioners Nos. 4 and 5, namely, Mahmood alias Moohda and his son Rab Nawaz had a motive because of illicit liaison of Mst. Saddan with the deceased.
4: I do not want to comment on the evidence which has already been placed on the record and on the basis of which all the five petitioners have been challaned in Court. It appears that Mahmood alias Moohda and Rab Nawaz petitioners Nos. 4 and 5 had a direct motive because of illicit relation of Mst. Saddan wife of the former and mother of the latter with the deceased but apparently the first three petitioners are not connected with that motive. The question whether the extra-judicial confession was joint or several has yet to be gone into. It is for the trial Court to come to the conclusion whether all the five petitioners joined hands to cause the murder or which of them did so. Prima facie, the case against the peti tioners Nos. 1, 2 and 3 appears to be of further inquiry covered by sec tion 497 (2), Cr. P. C. In the circumstances, I allow bail to Muhammad Shah son of Madad Ali Shah, Madad Ali Shah alias Badar Shah, son of Tayyib Shah and Muhammad Sharif Shah son of Fateh Shah, caste Qureshi, subject to their furnishing security in the sum of Rs. 20,000 each with one surety in the like amount each to the satisfaction of the trial Court, Jhang. The application of Mahmood alias Moohda son of Ali and Rab Nawaz son of Mahmood Petitioners Nos. 4 and 5 is dismissed.
Bail allowed.
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