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WAZIR ALI versus STATE


Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 302 Bail, [murder case grant] Only evidence against the applicant, which is accused of poisoning his wife, Extra judicial confession does not exist. Any other independent evidence would not be a reasonable basis for mere conviction that the accused had committed the crime.

1984 P Cr. L J 1433 (1)

[Lahore]

Before Muhammad Zafarullah, J

WAZIR ALI-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 419-B of 1983, decided on 26th February, 1983.

Criminal Procedure Code (V of 1898)-

---S. 497-Penal Code (XLV of 1860), S. 302-Bail, grant of --[Murder-case]--Only evidence against petitioner, accused of admi nistering poison to his wife, comprising that of his extra-judicial confession-In absence of any other independent evidence this alone, held, would not be a reasonable" ground to believe that accused committed crime-Petitioner allowed bat: in circumstance.

Ch. Muhammad Hussain Chachar for Petitioner.

Irshad Ahmad for the State.

ORDER

The petitioner is accused of committing the murder of his wife by administering poison to her. The presence of poison was discovered by the Chemical Examiner, but as regards the allegation that it is the petitioner who administered poison the only evidence against the petitioner is that of extra-judicial confession. In the absence of any other indepen dent evidence this alone will not be a reasonable ground to believe that the petitioner is guilty of the offence. He may, therefore, be released on bail if he furnishes bond in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of A. C., Okara.

M. Y. M. Bail granted.

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