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Criminal Miscellaneous No.565-B of 1984, decided on 20th March, 1984.
--S.497(2)--Penal Code (XLV of 1860), S.302--Bail, grant of--Only evidence against petitioner that of last seen with deceased coupled with extra-judicial confession of co-accused--Held, A case of further inquiry, in circumstances--Petitioner allowed bail.
Ch. Muhammad Hussain Chacher for Petitioner.
Shah Nawaz for the State.
Malik Muhammad Ashhab for the Complainant.
Date of hearing: 20th March, 1984.
The petitioner and two others are accused for an offence under section 302, P.P.C. involving the death of a young man of 17-18 years of age whose body was discovered by a Beldar. The dead body was buried after post-mortem examination as unclaimed. A few days later it was found that it was the body of Abdul Hameed son of Qasim Ali complainant. The police later on collected evidence against the petitioner and his co-accused as they were seen with the deceased. The investigation is of the view that Abdul Hameed was murdered in order to conceal the theft of an ox belonging to Abdul Hameed. Whatever be truth of the allegation the only evidence collected so far against the present petitioner is the last seen evidence. There is also extra-judicial confession but it was not made by the petitioner but by one of his co-accused. There are no recoveries or any other evidence which may support the allegations that the petitioner is responsible for the murder of Abdul Hameed. The petitioner's case is clearly that of further inquiry. He may be released on bail if he furnishes bail bond in the sum of Rs.20,000 (Rupees twenty thousand only) with two sureties each in the like amount to the satisfaction of A . C . , Okara .
S.G.D. Bail allowed.
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