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Bail Application No. 43 o f 1984, decided on 16th February, 1984.

---S. 497--Penal Code (XLV of 1860) Ss.302/34--Bail Judicial confessions made by accused recorded through interpreter after 5 or 6 days which was fully corroborated by extra-judicial confessions made by him and same could not be discarded--Bail application disallowed.

1980 P Cr. L J '30, P L D 1981 Kar. , P L D 1983 S C 784 and 1983 P Cr. L J 1576 ar,jd 2416 ref.

Muhammad Yasin Azad for Petitioner.

Muhammad, Ibrahim Memon, Addl Advocate-General for the State.

Date of hearing: 16th February, 1984.

The learned counsel for the applicants in support of above application submitted, that the alleged judicial confessions were recorded through interpreter and that too after 5 or 6 days after applicants were brought to Karachi and as such no reliance can be placed on such judicial confessions without independent corroboration and consequently case against the applicants will require further inquiry, at the: stage of trial. The learned counsel for the applicants submitted that the identity of the dead body was also not established, as no body was able to identify the same.

In addition to this, the learned counsel submitted, that the alleged judicial confessions were obtained under coercion and as such this is a fit case for granting bail. In support of these contentions, the learned counsel for the applicants relied upon the cases reported in 1980 P Cr. L J 30 , P L D 1981 Kar. , P L D 1983 S C 784, 1983 PCr.LJ 1576 and 2416.

The learned Additional Advocate-General appearing on behalf of State, on the other hand submitted, that on the basis of extra judicial confessions maid le by the applicants before their Nekmard at Swabi, the Telex Message was received by the authorities at Karachi on 11-8-1983, in consequence o which the dead body was recovered from underground Tank.

I have carefully considered the above submission made by the above Advocate and have gone through the Telex Message, judicial confession of the Applicants as well as the case cited by the learned counsel for the Applicants. It is an admitted fact, that prior to the Telex Message no F.I. R . was lodged in respect of incident in question and it was on the basis of Telex Message, the local police were able to trace the dead body. The Telex in question was sent or, the basis of Extra Judicial confessions made by .Y he Applicants, before their Nekmared Allah Nazar, which resulted in recovery of dead body. Applicants after they were brought to Karachi gave judicial confessions, no doubt after lapse of 5-6 days, fob which delay no cogent explanations is forthcoming from the prosecution, but the fact remains that these judicial confessions are more or less or line with the extra judicial confession made by the applicants before their Nekmard Allah Nazar, on the basis of which the dead body was traced by local police. The contention of learned counsel for the applicants, that since these confessions were recorded through interpreter after the lapse of 5-6 days, they should not be taken into consideration, in my opinion has no force, as the result of the extra judicial confessions made by these applicants at Swabi, where the local police was not present. I see no reason to discard these judicial confessions at this stage, as these judicial confessions are fully corroborated by extra judicial confessions made by applicants at Swabi;

In view of my above conclusion, I find Ono ground at present to allow, bail application of the applicants and consequently the same is dismissed.

However, I direct the learned trial Court to commence the trial of case in question within 6 months from date of this order, as prosecution witnesses will not be many, so that applicants may after recording of some evidence before the learned, trial Court, if they are so advised, move fresh bail applications, before the learned trial Court.

Any observation made by me in respect of merit of the case are tentative and as such shall not be binding on the learned trial Court.

M.Y.H. Bail refused.

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