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Criminal Miscellaneous No.1315-B of 1987; decided on 18th May, 1987.

---S. 497--Penal Code (XLV of 1860), S.302--Bail, grant of--Extra -judicial confession- Value--Excepting extra-judicial confession made by accused _ prosecution having nothing further to incriminate accused- Extra-judicial confession by itself being a weak piece of evidence, there was nothing which could unequivocally connect accused with crime--Bail granted.

This is a petition under sections 497/498 Cr.PC by Mst. Kalsoom and Muhammad Latif, petitioners, for bail in respect of a case arising out of an FIR registered by Taj Muhammad, complainant, at Police Station Thikriwala on 9-2-1987 at 8-50 a.m.

2. Taj Muhammad, complainant, in his FIR submitted that his sister-in-law Mst. Kalsoom, petitioner, was running a Video Cassette business in the village. On 3-2-1987 one Pervaiz son of Ghafoor hired a VCR at about 8-00 p.m. The complainant then went to the house of Pervaiz son of Ghafoor to take back the VCR. On 9-2-1984 at 8-00 a.m., he alongwith two boys brought the VCR alongwith cassettes to the house of Mst. Kalsoom Bibi. They knocked at the door, but there was no response. When they pushed open the door and entered the house, they found the household articles scattered. He informed a neighbour namely Dulla son of Rehmat. With him, they entered another room from the window and saw his mother Mst. Amir Bibi lying dead on a cot. Her hands and feet had been tied and her mouth had been gagged. Her head and chin were tied with a cloth and there were injuries on her body. Mst. Kalsoom Bibi, petitioner, was lying on a separate cot, with her hands and feet tied with nowar and her head and chin covered with a piece of cloth After Mst. Kalsoom petitioner was united, she told that when Mst. Amir Bibi, deceased, her mother-in-law had gone out of the room to the latrine and was returning, a few persons entered the house behind her, caught hold of her, tied her hands and feet and gagged her and when she raised alarm, they gave fist blows on her mouth and taking her to the other room, tied her with the cot. She also stated that gold ear rings had been taken away from her ears and that from her mother-in-law. On scrutiny, it was found that the thieves had stolen foreign cloth, watches, camera etc.

3. During investigation it was found that Mst. Kalsoom, petitioner had suspected her husband Mushtaq of wanting to take a second wife and in order to prevent him from doing so, she had sought assistance of her father Muhammad Latif, who had in collusion with his two nephews, Muhammad Asghar and Muhammad Arshad, and one Nawaz planned to denude Mushtaq of his valuables, so as to disable him financially from taking a second woman. According to the plan, Mst. Kalsoom petitioner, was to keep open the door to enable the accused to enter her house, whereafter they were to rifle all the household effects and run away, but unfortunately, during the incident, the mother-in-law of Mst. Kalsoom, petitioner, namely Mst. Amir Bibi, got up for going to the toilet and happened to bump into the three co-accused, who gagged her and tied her up and when she raised alarm throttled her and gave fist blows to her on her mouth. At the instance of Mst. Kalsoom, petitioner, they also tied her up to show that she was an innocent victim.

4. I have heard the arguments of the learned counsel for the petitioners and the State and have perused the record. The only item of evidence against Mst. Kalsoom and Muhammad Latif, petitioners, is the extra-judicial confession alleged to have been made by them Vol. v before Dr. Muhammad Suleman and Bagh Ali PW on 16-2-1987. Other; than this evidence, the police has nothing further to incriminate' them. Since the extra-judicial confession by itself is a weak piece of evidence, it cannot presently be stated that there are reasonable; grounds to believe that the State has evidence which unequivocally: connects them with the crime. The*petitioners are, therefore, entitled' to be released on bail.

5. For the foregoing reasons this petition is accepted and Mst. Kalsoom Bibi and Muhammad Latif, petitioners, are released on bail' subject to their furnishing security in the sum of Rupees thirty thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

M.Y.H./K-43/L Bail granted.

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