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Criminal Miscellaneous No. 219/B of 1986, decided on 18th February, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail‑‑Further inquiry‑‑No direct or indirect evidence against accused‑‑Witnesses of extra‑judicial confession having resiled‑‑Hatchet allegedly recovered at instance of accused found to be stained with human blood‑‑Dead body not recovered‑‑Case being that of further inquiry, accused released on bail in circumstances.
Ch. Muhammad Hussain Chhachar for Petitioner.
Sohail Akhtar for the State.
Date of hearing: 18th February, 1986.
The petitioner stands charged with the murder of his wife Mst. Asia because of suspicion entertained by him about her chastity.
2. There is no direct evidence in the case and the petitioners is sought to be linked with the offence by the extra‑judicial confession allegedly made by him before Atta Muhammad, father of the deceased, Muhammad Yar and Shujaat Ali as also the recovery of hatchet at his instance from a canal.
3. Bail is urged on the ground that there is absolutely no evidence to link the petitioner with the offence neither direct nor indirect. Nobody claims to have seen the deceased alive last in the company of the petitioner nor there is any Wajtakar evidence nor did anybody see the petitioner taking her towards the canal. It is further stated that even the dead body has not been recovered. Muhammad Yar and Shujaat Ali P.Ws. before whom the petitioner is said to have made the extra- judicial confession have backed out and have made statements under section 164, Cr.P.C. denying to have any knowledge about the occurrence. The hatchet alleged to be recovered at the petitioner's instance was also not found to be stained with human blood.
4. In these circumstances, it is a case of further inquiry. Accordingly, I admit the petitioner to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.
S.A. Bail accepted.
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