2000 PLP 2604 (YLR)

Sardar Mehboob Ahmad for Petitioner. Syed Altaf Hussain for the State On 3-7-1995 one Bashir Ahmad laid information at Police Station Malka Hanse that his brother Khurshid Ahmad had taken -up residence in Malka Hanse about 2/2-1/2 years ago and was living with his cousin sister Mst. Ruqaya Bibi; that evening' before he came to meet his brother Khurshid Ahmad, they kept, on talking sitting in the courtyard till 9/10 p.m. when Khurshid Ahmad alongwith his wife Mst. Rashida went to the roof to sleep while he and Zulfiqar slept in the courtyard. At about mid-night, he and Zulfiqar got up due to hue and cry raised by Mst. Rashida and found two persons one carrying a knife and the other a dagger coming down from the roof; that they tried to stop them but they raised a Lalkara and ran away. Some other persons named in the F.I.R. also gathered there and they went to the roof and found Khurshid Ahmad in an injured condition on the cot whose throat had been cut by sharp-edged weapon and she has wounds on his chest; he died on way to the hospital; that the said accused persons also took away the golden ornaments which were worn by Mst. Rashida. On this report, a case under section 460, P.P.C. was registered vide an F.I.R. No.114/95. Later, however, investigations were conducted and initially some persons named by the prosecution including the petitioner and his brother namely Sarwar were found to be innocent by the D.S.P. investigating the matter. It was on 30-12-1995 that Muslim son of Chhanga and Khurshid Ahmad son of Bori got recorded their statements that 10/15 days ago while they were sitting in the 'Baithak' of their relatives Yamin etc. when petitioner and his brother came there and told them that Khurshid Ahmad had been murdered by them as 6 months ago they had taken a loan of Rs.4,50,000 from him and had promised him that they will arrange his marriage but Khurshid Ahmad married elsewhere and they apprehended that they may lose the said amount; that two days before the occurrence, Khurshid Ahmad came to them and demanded back his amount and as such both the brothers killed Khurshid and also snatched away the ornaments of his wife. The petitioner was arrested on 30-6-1999 and presently a challan under sections 302/34, 392, 397, 460, P.P.C. stands submitted in the Court against him. He filed a bail application which was heard by a learned Sessions Judge, Pakpattan who dismissed the same on 22-12-1999.

2. Learned counsel relies on the case of Mir Hazar Malik v. The State 1999 SCMR 1377 and argues that the only piece of evidence against the petitioner is the said extra-judicial confession which is a very weak sort of evidence. Learned State Counsel opposes the bail application.

3. I have gone through the records and the relevant material therefrom has already been reproduced by me above. I find that the learned Sessions Judge was impressed by the fact that the petitioner according to him, remained fugitive from law. I do not find any order on the record declaring him to be a proclaimed offender. On the other, the Police Officer present states that the petitioner was arrested from his. normal place of residence and he did not put in any resistance. The examination of the police record also reveals the doubts expressed by various police officers on the guilt of the petitioner in view of the peculiar facts and circumstances of the case. I would not like to comment on the veracity of the statement made by the persons who claimed that an extra-judicial confession was made by the petitioner before them. Suffice it to say that from the record it appears that no one was aware of the factum of loaning out a sum of Rs.4,50,000 by the deceased to the petitioner and his brother before the alleged extra-judicial confession made by the petitioner. The judgment of the Supreme Court of Pakistan cited by the learned counsel also goes to support the case of the petitioner. I find it to be certainly a case of further inquiry. The petitioner is accordingly allowed bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rs. One Lac only) with two sureties each in the like amount to the satisfaction of learned trial Court. Records be returned to the Police Officer. N.H.Q./L-6/L Bail allowed.