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Criminal Pail Application No. 591 of 1983, decided on 25th July, 1983.
-- S. 497-Penal Code (XLV of 1860), S. 302-No evidence available to connect accused with murder-No overt act attributed to accused either in F. I. R. or in statements of witnesses recorded under S. 161, Cr. P. C.-Delay of four days in lodging of F. I. R.-Police record also not showing any ocular evidence, 'evidence of extra-judicial confession and evidence of recovery against accused-Matter, held, requires further enquiry-Bail allowed.
Usman Ghani Rashid for Applicant.
S. Sarfraz Ahmed, Asstt. A.-G. for the State.
This is an application for bail submitted by Abdul Karim son of Adam, who is involved in a case under section 302, P. P. C. read with section 34, P. P. C. registered at police Station Malir Extention Colon3 Vide F. I. R. No. 37 of 1983, dated 22nd June, 1983.
2. The prosecution case that the applicant, his son Qasim, his brother Ramzan and his nephew Sulaiman and his daughter-in-law Mst. Roshan, were also arrested and confined in Central Jail alongwith the applicant.
3. That subsequently, applicant's daughter-in-law has been enlarged on bail by an order of this Court passed on 10-7-1983 in Criminal Bail Application No. 570 of 1983.
4. Mr. Usman Ghani Rashid, learned Advocate for the applicant, contends that there is no evidence to connect the applicant with the murder. No overt act has been attributed to the applicant either in the F. I. R or in statements of the witnesses recorded under section 161, Cr. P. C. There is delay of four days in lodging the F. I. R. Mr. S. Sharfraz Ahmed, learned Assistant Advocate-General appearing on behalf of the State, after going through the police papers submitted that there is no ocular evidence, no evidence of extra-judicial confession and no evidence of recovery against the applicant. The learned Assistant Advocate-Geneal concedes the Bail Application.
5. After hearing the learned counsel for the parties. I find that in view of the statement made by the learned Asstt. A. G. the matter requiresIA further enquity and on this score alone bail could not be refused.
The applicant may be released on bail on furnishing surety in the sum of Rs. 25,000 (Twenty-five thousand) and one P. R. bond B in the like amount to the satisfaction of the learned Sessions Judge, Karachi.
M. Y. H. Bail granted.
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