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Criminal Miscellaneous No. 435-B of 1976, decided on 12th January. 1977.
-----S. 497---Bail, grant of-(Murder-case)-Only piece of evidence against petitioners that of deceased last seen in their company--- Held, a fit case for grant of bail, in circumstance.
Ahmad Shah Baluch with Dr. Khalid Ranjha for Petitioners.
Ch. Muhammad Aslam for the State.
This is an application for bail by Feroz Muhammad, Zahoor Hussain and Bashir. They are accused with another for offence under section 302/34, P.P. C. According to the learned counsel for the petitioners the only allegation against the petitioners is that the deceased was last seen in their company. The learned State counsel, however, submitted that Sarang and Ali P. Ws. have actually witnessed the occurrence. The petitioners' counsel has filed the statements of these two witnesses recorded under section 164. Cr. P. C. by Magistrate 1st Class, Tandlianwala wherein they have exonerated these accused and stated that they have not witnessed the occurrence. The next piece of evidence sought to be relied upon by the prosecution is the extra judicial confession said to have been made by the accused before the witnesses. The learned counsel for the petitioner submits that this is a case of joint extra judicial confession which is not admissible in law. His argument is that as a point extra-judicial confession is not admissible evidence in law, the only piece of evidence that remains is the evidence of last seen which would not be sufficient for their conviction and that if they are ultimately, to be acquit ted, it would not be proper to detain them in custody on this scanty A evidence. Learned State counsel has not been able to controvert this contention. After having considered the circumstances of this case I think this is a fit case for grant of bail to the petitioners. They are granted bail in the sum of Rs. 15,000 each with two sureties each in the like amount to the satisfaction of the Magistrate 1st Class Tandlianwala.
Bail granted
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