2004 PLP 34 (MLD)

‑‑‑‑S.498‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Pre‑arrest bail, grant of‑‑‑Accused had not been named in the F.I.R. as one of perpetrators of alleged offence and his name had surfaced in the case for the first time through a supplementary statement made, by complainant after about seventeen days of the alleged occurrence‑‑‑Complainant in his supplementary statement had disclosed that he had come to know through two witnesses regarding involvement of accused in the case as accused had allegedly made extra‑judicial confession before said witnesses

Investigating Officer had categorically stated that said witnesses had not appeared before him nor they had joined investigation so far‑‑ Investigating Officer had further stated that no recovery was to be effected from possession of accused and that accused had also joined investigation whereas complainant party had failed to join the same‑‑ Investigating Officer had maintained that , he did not need physical custody of accused for purpose of investigation of case‑‑‑Assertion of accused regarding his mala fide implication in the case, could not be without any foundation in view of said stand taken by Investigating Officer‑‑‑Ad interim pre‑arrest bail already allowed to accused, was confirmed in circumstances. Asghar Ali for Petitioner. Muhammad Ali Dogar for the State. Date of hearing: 24th March, 2003. Through this petition Muhammad Aslam petitioner has sought pre‑arrest bail in case F.I.R. No.15 registered at Police Station, Khuddian, District Kasur on 12‑1‑2003 for an offence under section 302/34, P.P.C. Earlier an application submitted by the petitioner for the same relief before the Court of Session, Kasur had been dismissed by the learned Additional Sessions Judge, Kasur on 10‑2‑2003 on account of absence of the petitioner as well as on the merits of the case. Hence, the present petition before this Court.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had not been nominated in the F.I.R. as one of the perpetrators of the alleged offence and the petitioner's name had surfaced in this case for the first time on 29‑1‑2003 through a supplementary statement made by the complainant after about seventeen days of the alleged occurrence. In the said supplementary statement the complainant had disclosed that he had come to know through two witnesses namely Chaudhry Muhammad Jaffar and Masroor Ahmad regarding the petitioner's involvement in this case as the petitioner had allegedly made an extra‑judicial confession in that regard before the said witnesses. The Investigating Officer of this case is present before this Court alongwith the relevant record and he has categorically stated that so far as the above‑mentioned witnesses before whom the petitioner had allegedly made an extra‑judicial confession have not appeared before the Investigating Officer nor have they joined the investigation so far. He has further stated that no recovery is to be affected from the petitioner's possession and also that the petitioner has also joined the investigation of this case whereas the complainant party has failed to join the same. In this backdrop he has categorically maintained that he does not need physical custody of the petitioner for the purposes of, investigation of the above mentioned criminal case at this stage. In view of this stand taken by the Investigating Officer the assertion of the learned counsel for the petitioner regarding mala fide implication for the petitioner in the case in hand is an assertion which may not be without any foundation or substance.

3. For what has been discussed above this petition is accepted and the ad interim pre‑arrest bail already allowed to the petitioner by this Court vide order dated 10‑3‑2003 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station, Khuddian, District Kasur. H. B. T./M-2237/L Ad interim pre‑arrested bail confirmed.