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Criminal Miscellaneous No. 992‑B of 1985, decided on 15th May, 1985

‑‑‑Ss. 497 & 498‑‑Penal Code (XLV of 1860), S. 302134‑‑No specific allegation levelled against 8ccused in F.I.R.‑‑Case that of no eye‑witness‑‑Only evidence against accused was extra‑judicial confession before two prosecutions witnesses‑‑Without commenting upon evidentiary value of extra‑judicial confession, bail allowed in circumstances.

Kh. Muhammad Sharif for Petitioners.

M. Salim Shad for the State.

Muhammad Yousaf son of Feroze Din and Muhammad Afzal alias Mane Sain, son of Taj Din have been arrested for the murder of one Muhammad Nazir, which is alleged to have taken place on 18‑1‑1985.

In the F.I.R. no specific allegation was levelled against the petitioners. There is no eye‑witness in the case. The only evidence against them is their extra‑judicial confession before Muhammad Sadiq and Khalid Mahmood P.Ws. It is alleged to have been made on 30‑1‑1985.

After their arrest the two petitioners applied for bail. Their application was dismissed by the Additional Sessions Judge, Lahore by order, dated 14‑4‑1985.

Learned counsel appearing in support of this petition submitted, without conceding, that even if the extra‑judicial confession is taken into consideration, no case is made out against the petitioners as the confession does not find support from any other independent evidence.

I have also heard the learned counsel for the State. The Sub- Inspector submits that challan has been submitted in the Court.

I would not like to comment upon the evidentiary value of the extra‑judicial confession at this stage, but nevertheless I think that B the petitioners are entitled to bail. They are accordingly allowed bail in the sum of Rs. 50,000 (Fifty Thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Cantt. Lahore.

H. A.

Bail allowed.

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