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Criminal Miscellaneous No.2600-B of 1983, decided on 27th November, 1983.
---S.497 read with Penal Code (XLY of 1860), S.302--Bail, grant of- [Murder case)--According to extra-judicial confession of co-accused petitioner called later to do away with dead body--Petitioner neither connected with motive for murder nor any recovery made from him--Bail allowed, in circumstances. [p. 2519] A
Haji Muhammad Anwar Buttar and Liaqat Ali Sindhu for Petitioner. Hafiz Ghulam Bari for the State. Date of hearing: 27th November, 1983.
Muhammad Aslam, petitioner, alongwith Muhammad Mansha, Muhammad Siddique and Muhammad Sharif are accused of the murder of Muhammad Sadiq. The case was registered against them at Police Station Wandu District Gujranwala on 19th July, 1982.
2. It is alleged that in order to deprive the deceased of landed property, his uncle Muhammad Sharif accused and his two sons Muhammad Siddique and Muhammad Mansha alongwith their co-accused Aslam, petitioner, murdered him. Since the deceased did not return home, therefore, his mother made a report to the police and the investigation started.
3. During the investigation Muhammad Sharif, deceased's uncle made an extra-judicial confession implicating himself and all accused except Siddique. The confession was made before Muhammad Hanif, Lumbardar and Ashiq Ali on 27th of August, 1982. Besides the extra-judicial confession of co-accused, there is no other evidence connected the petitioner with the crime except that according to P.W. Muhammad Fazil and Sultan the accused were conspiring in the Haveli of Saleem to commit the murder which they overheard. It was Muhammad Siddique who got the dead body recovered. The Kassi with which the deceased was done to death was got recovered by Mansha. There is no recovery from the petitioner. He is also not connected with the motive in this case and according to the extra-judicial confessions, he was called later to do away with the dead body. Under these circumstances Muhammad Aslam petitioner is allowed bail in the sum of Rs. 25,000 (Rupees twenty-five thousand only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.
M. Y. H. Bail granted.
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