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Criminal Miscellaneous No. 483‑B of 1986, decided on 7th June, 1986.

‑‑‑Ss. 497 & 498‑‑Penal Code (XLV of 1860), Ss. 302 & 460‑‑Bail, grant of‑‑Four unknown persons by committing lurking house‑trespass, committed double murder during commission of robbery‑‑Accused picked up by witnesses during identification parade‑‑Accused permanent resident of village where robbery committed‑‑After detailed investigation, accused let off‑‑Whether identification held after accused remaining under investigation for considerable time, would carry any legal weight or not, held, needed further inquiry‑‑Bail granted in circumstances.

Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner.

Tasaddaq Hussain Jilani, Addl A.‑G for the State.

This is a petition for bail on behalf of Hafiz Manzoor Ahmad son of Muhammad Nawaz, Gulgala by caste in a case under section 460/302, P.P.C. registered at Police Station Kot Adu, vide F.I.R. No. 186, dated 11‑10‑1984.

2. According to prosecution, four unknown persons (whose description has been given in the F . I . A.) committed lurking trespass by night in the house of Saeed Ahmad, complainant, and deprived him of a sum of Rs.20,000 cash and some ornaments belonging to his wife Mst. Taj Bibj. During the occurrence Mat. Wazir Bibi and her husband Bashir Ahmad (brother of the complainant) were murdered and Dr. Saeed Ahmad was injured with firing of the robbers. The occurrence was reported the same night at 3‑15 a.m.

3. During the investigation Hafiz Manzoor Ahmad, petitioner, was arrested on 30‑12‑1985. Besides him, Bashir Ahmad and Qari Ghulam Rasool were also arrested. Test identification parade was held under the supervision of a Magistrate in jail premises on 6‑1‑1986 wherein Dr. Saeed Ahmad (complainant), Fida Hussain and Ahmad Bakhsh P.Ws identified the present petitioner and aforesaid Bashir Ahmad as being among the robbers who stole away property belonging to complainant and also killed two deceased and caused gunshot injuries to the complainant.

4. It may be stated that Qari Ghulam Rasool against whom the allegation was of abetment has already been allowed bail by my learned brother Muhammad Munir Khan, J., on 21‑4‑1986 in Criminal Miscellaneous No. 301‑B of 1986. The petitioner applied for the grant ,of bail to Sessions Judge without any success, hence this petition.

5. I have heard learned counsel for the petitioner as well as learned Assistant Advocate‑General and also perused the record.

6. The evidence collected against the petitioner so far is that he made extra judicial confession and that he was picked out by the l eye‑witnesses, namely Dr. Saeed Ahmad, Fida Hussain and Ahmad Bakhsh during the test identification parade held on 6‑1‑1986.

7. It is contended that the petitioner is a permanent resident of the village where this robbery has been committed and that he joined' the investigations from 5‑12‑1984 to 23‑12‑1984 and was also taken to the spot and after detailed investigations he was let off. Learned Assistant Advocate‑General having gone through the record is not in a position to controvert this assertion. In the circumstances, I am of the view that, whether the identification parade held subsequent to 23‑12‑1985 carries any legal weight or not needs further inquiry.

Consequently, I allow this petition. The petitioner is directed to be released subject to his furnishing bail‑bonds in the sum of Rs.25,000 with two sureties each in like amount to the satisfaction of A . C . /Duty Magistrate, Kot Adu.

S.A./M‑44/1 Bail granted.

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