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Criminal Bail Application No. 697/B of 1985, decided on Ist July, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/201/109/34‑‑Bail‑‑Extra judicial confession‑‑No eye‑witness‑‑Dead body recovered on 19‑4‑1983 whereas extra‑judicial confession recorded on 13‑2‑1985‑‑Recovery evidence not connecting accused with commission of crime‑‑Evidence collected by investigating agency, indicated that further enquiry was to be made about connection of accused with crime‑‑Bail granted in circumstances.

S.M. Alam for Applicant.

Sardar Muhammad Ishaque for the Complainant.

Abdul Ghafoor Mangi, Assistant Advocate‑General for the State.

This is an application for the Bail of Muhammad Nasir who is facing trial under section 302/201/109/34, P.P.C. vide F.I.R. No.69 of 1983, dated 12‑4‑1983.

The F. I. R. was lodged on 12‑4‑1983 about abduction of Amanullah for the purpose of being murdered. Earlier missing report was lodged by Shaukat Ali on 6‑4‑1983 at Frere Police Station that his sister's husband Amanullah had left his house on 4‑4‑1983 at 6‑30 p.m. and was missing since then. Subsequently on 19‑4‑1983 dead body of Amanullah was recovered in a highly decomposed state from the sand dunes of Misri Shah. Murder of Amanullah became mystery till 13‑2‑1985 when applicant visited Empress Market and stated in presence of Hap Zahid Ali and Muhammad Younus, that he had abducted Amanullah from his place on the evening of 4‑4‑1983 at the instigation of Fazal Langra and Jeejo and that Amanullah was taken to the sand dunes of Misri Shah where he was murdered by Iqbal and relieved of his valuable including a rolex watch, a gold ring, a gold locket and some cash. After hearing this from the applicant Haji Sahib and Muhammad Younus took him to C.I.A. Centre on 13‑2‑1985. The applicant gave information to C.I.A. police about distribution of the cash and the jewellery of the deceased between culprits. Subsequently C.I.A. Police recovered certain articles from the co‑accused.

Mr. S.M. Alam learned counsel for the applicant has contended that there are no eye‑witnesses to the incident of murder and P.W. Zahid witness of extra‑judicial confession related to the deceased‑ He has further argued that the applicant could not be convicted merely on the basis of extra‑judicial confession.

Mr. Sardar Muhammad Ishaque, the learned counsel for the complainant has opposed the bail application.

Mr. Abdul Ghafoor Mangi has supported the bail application.

I have heard the learned counsel for the parties and carefully perused the record.

The dead body of deceased Amanullah was recovered on 19‑4‑1983. The allegation against the applicant is that he is alleged to have made extra-judicial confession on 13‑2‑1985. The recovery evidence does not connect the applicant. The evidence which the investigating Agency has collected against the petitioner indicates that further inquiry is to be made in the case of petitioner about his connection with the crime. In that view of the matter, without commenting on the merits, I admit the applicant to bail subject to his furnishing security in the sum of Rs.50,000 with P.R. bond in the like amount to the satisfaction of the Additional Sessions Judge, Karachi.

S.A. Bail accepted.

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