2011 SCMR 1673 (PLP)

ASIF SAEED KHAN KHOSA, J.

Through this petition Shahid Hussain alias Multani petitioner has called in question the order dated 26-1-2011 passed by the honourable Chief Justice of the Lahore High Court, Lahore in Criminal Miscellaneous No. 605-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.258 registered at Police Station Khurrianwala, District Faisalabad on 10-4-2010 in respect of offences under sections 302/392/ 411/34, P.P.C.

2. After hearing the learned counsel for the parties and going through the relevant record of this case with their assistance we have observed that occurrence in this case had taken place during a night and the same had remained un-witnessed. The petitioner had not been nominated in the F.I.R. in any capacity whatsoever and his name had surfaced in this case for the first time through a supplementary statement made by the complainant on 20-5-2010, i.e. almost a month and a half after the alleged occurrence. A perusal of that supplementary statement made by the complainant shows that no source of information regarding, the petitioner's involvement in the alleged occurrence had been disclosed or divulged therein by the complainant. It is admitted at all hands that no test identification parade has been held in this case. The prosecution has se far relied upon an extra-judicial confession allegedly made by the petitioner and his co-accused before three witnesses and also upon some recoveries allegedly effected from the possession of the petitioner and his co-accused. The learned Additional Prosecutor-General, Punjab appearing for the State has, however, remained unable to contradict that the alleged extra judicial confession is a joint confession and even the alleged recoveries are joint recoveries and, thus, their evidentiary worth may be next to nothing. The learned counsel for the petitioner has drawn our attention towards the fact that a co-accused of the petitioner namely Jawad Ahmad, attributed a role similar to that ascribed to the petitioner, has already been admitted to post-arrest bail by the Lahore High Court, Lahore vide order dated 16-11-2010 passed, in Criminal Miscellaneous No. 12755-B of 2010. For the reasons recorded above we have felt sanguine that the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C.

3. For what has been discussed above the delay in filing of this petition is condoned, this petition is converted into an appeal and the same is. allowed and, resultantly, Shahid Hussain alias Multani petitioner is admitted to post-arrest bail subject to furnishing bail bond in the sum of Rs. 1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. M.H./S-33/SC Bail allowed.