2001 PLP 2884 (YLR)

Mrs. Samina Sohail Qadir for Applicant. Habib-ur-Rasheed for A. G. for the State. Date of hearing: 16th August, 2001 Present applicant is seeking bail in Crime No. 173 of 1994 under section 302/34, P.P.C. registered with Police Station Saddar, Karachi, South. Learned counsel for the applicant contends that the name of the applicant does not appear in the F. I. R. and he has been challaned alongwith co-accused namely and respectively. Imran and Shafiq. On 21-9-1997 the applicant was arrested and there was no recovery whatsoever from his possession. Thereafter he was let off under section 497, Cr.P.C. by police on 3-12-1997. According to the learned counsel, applicant was again arrested on 5-8-2000 on the basis of confessional statement of co-accused Imran which statement is said to have been recorded on 31-12-1998. According to learned counsel, the only piece of evidence against the present applicant is in shape of confessional statement of co-accused Imran which cannot form basis of conviction and she has placed reliance on 1993 PCr.LJ 1919. She has further contended that the complainant has been examined before the learned trial Court on 26-4-2001 who has not implicated any of the accused. Learned counsel for the applicant has finally prayed for grant of bail. On the other hand learned counsel appearing for the State has opposed to the grant of bail in view of confessional statement of co-accused Imran which is said to have been recorded on 31-12-1998. I have heard the learned counsel for the parties and have gone through the material available on record. Admittedly the only piece of evidence against the present applicant is in shape of confessional statement of the co- accused Imran which is said to have been recorded on 31-12-1998 and in that statement he has implicated the present applicant and this has not been controverted by learned counsel appearing for the State. Admittedly there is no recovery whatsoever from his possession, even no identification parade of the present applicant has been held on 3-12-1997 he was released by police under section 497, Cr.P.C. and thereafter on 5-8-2000 again he has been arrested .on the basis of confessional statement. I am being fortified by the law reported in 1993 PCr.LJ 1919 wherein D.B. of this Court has held that the confessional statement of co-accused cannot form basis of conviction and this Court has got power to take tentative view and bail has been granted. In view of aforementioned facts, circumstances and law cited by learned counsel for the applicant, particularly when the complainant has not implicated the present applicant. I am of the considered view that at the moment applicant has been able to make out good prima facie case for grant of bail. Accordingly present applicant is admitted to bail in the sum of Rs. 2,00,000 (Rupees Two Lacs Only) with P.R. Bond in the like amount to the satisfaction of the trial Court. Criminal Bail Application No. 955 of 2001 stands disposed of. H.B.T./A-272/K Bail granted.