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Criminal Miscellaneous No. 825-B of 1983, decided op 6th July, 1983.

--S.4971498-Penal Code (XLV 1860), S. 302/364/201/148/149- Bail-Record showing that all links in chain not yet filled up --Extra-judicial confession made jointly by four accused-Conflict of prosecution evidence with medical evidence about date of death-Prosecution silent about same-Case against accused of further inquiry-Bail granted.

Sahibzada Farooq Ali Khan for Petitioner.

Mirza Farrukh Aftab for the State.

Petitioners in this case are accused of offence under sections 302/364/ 201/149 and 148, P. P. C. It is alleged that Karam Bakhsh petitioner had developed illicit liaison with his co-accused Mst. Manzooran, wife of Muhammad Murad deceased, and in order to remove Muhammad Murad from the scene Karam Bakhsh alongwith Allah Bakhsh petitioner and three others including Manzooran caused murder of Muhammad Murad.

2. Learned counsel for the petitioners has argued that Muhammad Murad deceased was last seen on 7-12-1982 and the F. I. R. was registered on 13-12-1983 although he was last heard of on 8-12-1982 and dead body was recovered on 14-12-1982. It is further submitted that the alleged extra-judicial confession of petitioners is stated to have been jointly made by the five co-accused and that recovery of hatchet at the instance of petitioners is fake having been made on 23-12-1982 although petitioners had been arrested on 16-12-1982. He has also submitted that there is conflict of the prosecution version with the medical evidence. In that the deceased was last seen on 8-12-1982 but according to the post-mortem examination report conducted on 14-12-1982 the death of the deceased had occurred within 48 hours. The release of petitioners has been opposed by the learned counsel for the State who has submitted that there is evidence of Ibrahim and Muhammad Boota P. Ws. who last saw the deceased with the petitioners and co-accused on 8-12-1982, that there is joint extra-judicial confession of the petitioners alongwith their co-accused before Ghulam Qadir and Rahim Bakhsh P. Ws. and that the evidence against them is corroborated by recovery of hatchet at the instance of petitioners.

3. The record available so far shows that all the links in the chain have not yet been filled up. The deceased was last seen on 8-12-1982 and extra-judicial confession is jointly made by the four accused. There appears to be some conflict of the prosecution evidence with the medical evidence according to which death has occurred on 12-12-1982 and the prosecution is silent about the date of death. In the circumstances the A case against the petitioners is of further inquiry covered by section 497 (2j, Cr. P. C. Petitioners are allowed bail subject to their furnishing security in the sum of Rs. 25,000 (Rupees twenty-five thousand) each with on surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Lodhran.

M. Y. H. Bail granted.

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