1991 PLP 2241 (MLD)

S. 497

Penal Code (XLV of 1860), S.302

Bail, grant of

No direct evidence of the commission of murder against the accused was available; main evidence against accused was of extra-judicial confession allegedly made by him before the witnesses; accused in his alleged extra-judicial confession had stated before four witnesses that since deceased attempted to commit sodomy upon him, so he killed him by inflicting Sota blows on him and Investigation Officer stated that immediately after his arrest, the accused had taken the plea of self-defence to the effect that deceased had attempted to commit sodomy upon him

Held., it could be said that there were reasonable grounds within the meaning of S.497, Cr.P.C. to believe that accused had not committed the murder and there was also a possibility of the plea of self-defence raised by him before the police immediately after his arrest and also told by him to the witnesses of extra-judicial confession being true

Bail was granted to the accused. Ch. Muhammad Hussain Chhachhar for Petitioner. This is an application for the grant of bail to Mukhtar Ahmad petitioner in a case under section 302, P.P.C. registered at Police Station Manga Mandi vide F.I.R. No.115/91, dated 29-4-1991.

2. The prosecution case is that the petitioner caused the death of Bashir Ahmad on the night between 28/29-4-1991 by giving him injuries with Sota.

3. The learned counsel for the petitioner submits that there is no direct evidence against the petitioner that during the investigation, the police has collected extra-judicial confession allegedly made before Jamal Din. Sain Gulab, Basharat Hussain and Amir Ali Khan on 29-4-1991 and that the circumstances evidence collected by the police does not exclude the hypothesis of his innocence. The learned counsel for the State has opposed the bail petition.

4. I have considered the submissions made by the learned counsel with care. I find that there is no direct evidence of the commission of murder against the petitioner; that the main evidence against the petitioner' is of extra-judicial confession allegedly made by him before the witnesses; that in his extra judicial confession, the petitioner stated before the four witnesses that since Bashir Ahmad deceased attempted to commit sodomy with him, so he killed him by inflicting injuries with Sota. Muhammad Akbar A.S.I., after inspecting the police file, states that immediately after his arrest, the petitioner had taken the plea of self-defence to the effect that the deceased had attempted to commit sodomy' upon him, so he killed him. This being the position, it can be said that there are reasonable grounds within the meanings of section 497, Cr.P.C. to believe that the petitioner has not committed the murder and there is also a possibility of the plea of self-defence raised by him before the police immediately after his arrest and also told by him to the witnesses of extra-judicial confession being true.

5. Pursuant to the above discussion, I feel that a case for the grant of bail to the petitioner has been made out, so he will be released on bail on his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore. M.BA./M-3168/L Bail granted.