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Criminal Miscellaneous No. 1933‑B of 1984, decided on 5th August, 1984.
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.364 & 302‑‑Bail, grant of‑ Except for extra‑judicial confession of petitioner before complainant and two of prosecution witnesses closely related to deceased, no other evidence available against accused‑‑Petitioner allowed b il, in circumstances.
Syed Nasim‑ul‑Hasnain for Petitioner.
C. M. Latif Rawan for the Complainant.
S. D. Qureshi for the State.
Shukar Din petitioner is involved in a case under section 364/302, P.P.C. He has moved this petition for bail. The case was registered on the report of Nazir Ahmad, grand‑father of the deceased‑child, namely, Muhammad Tayyab, aged 5/6 years, wherein he stated that on 7th March, 1981 Muhammad Tayyab disappeared while playing outside and could not be traced despite hectic efforts. It was further stated that some unknown persons had taken him away. Initially the case was registered under section 364, P. P. C. On 16th March, 1981 Dilawar Hussain, Forest Guard found a dead body in the jungle and informed the police. This dead body was identified to be that of Muhammad Tayyab deceased. It is alleged that the petitioner made extra‑judicial confession before Nazir Ahmad, Muhammad Yaqub and Abdul Majid that he had killed the deceased.
2. The petitioner made an application for bail in the Sessions Court but the same was dismissed by the learned Additional Sessions Judge on 14‑6‑1984. In the said order he observed that the petitioner was "involved in a heinous offence of abduction and murdering of an innocent teenager, Muhammad Tayyab, due to strained relations with his family and that he has also confessed his guilt.
3. The learned counsel for the petitioner contends that in view of the background of enmity between the parties there was no occasion for the petitioner to make extra‑judicial confession before the father of the boy and other relatives. The learned counsel for the complainant and the State have opposed the prayer for bail.
4. I have gone through the relevant material. There is no direct evidence of murder. The petitioner is alleged to have made extra‑judicial confession before Nazir Ahmad, Muhammad Yaqub and Abdul Majid. Nazir Ahmed is the father of the deceased‑child and the other P.Ws. are also closely related to him. Extra‑judicial confession is the weakest type of evidence. Learned State Counsel concedes that except extra‑judicial confession there is no other evidence against the petitioner. In the circumstances, I admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Sialkot.
S. G. D. Bail granted.
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