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Criminal Miscellaneous No. 1804/13 of 1987, decided on 1st July, 1987.
---S.497--Penal Code (XLV of 1860), S.302--Bail, grant of--Petitioner a not named in F.I.R. but arrested on the basis of extra-judicial confession of co-accused--No incriminating recovery effected from petitioner--Petitioner and his co-accused allegedly seen carrying something in a gunny bag on a bicycle yet this piece of evidence not connecting petitioner with offence of murder--Case against petitioner, held, one of further inquiry--Petitioner allowed bail, in circumstances.
Waheeduddin Virk for Petitioner.
Miss Shamasul Qamar for the State.
It is alleged by Haji Muhammad Bashir complainant in his F.I.R. that on 24-2-1987 at about evening time his son Shabbir Ahmad went out of house. He did not return home. On 25-2-1987 at about 7 a.m. he learnt that a dead body in gunny bag was lying near Gali Tanki Wali. He went there and found that the dead body was that of his son. He suspected Papu, Munir Ahmad and Rashid Ahmad to be the murderer of his son because about one year earlier Shabbir deceased had caused injuries to these three persons. The police undertook investigation and arrested Khalid alias Papu, Munir Ahmad and Ashfaq accused. Rashid Ahmad was, however not arrested. This is a petition for bail on behalf of Ashfaq Ahmad accused only.
2. I have heard the learned counsel appearing for the parties and have perused the record. Ashfaq Ahmad petitioner is not named in the F.I.R. He was arrested on the basis of extra-judicial confession by Papu and Munir Ahmad accused before Muhammad Asghar and Muhammad Babar P.Ws. No incriminating recovery was effected from Ashfaq petitioner. He did not confess his guilt before any person. It was stated by Muhammad Riaz P.W. that he had seen the petitioner and his co-accused carrying some thing in a gunny bag on a bicycle. This evidence, also does not connect Ashfaq petitioner in this case.
In view of the above I find that the case against Ashfaq Ahmad petitioner is that of further enquiry. He is admitted to bail on his furnishing of bail bond in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot.
M. Y. H./M-291/L
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