1983 P Cr (PLP)

This is an application for bail on behalf of Asghar Ali and Akbar Ali in a case under section 302/364, P. P. C. registered at Police Station Gojra, District Faisalabad vide F. I. R. No. 423, dated 23rd December, 1980.

2. The allegations against the petitioners are that they alongwith others caused the death of Mst. Nusrat Bibi on the night between 3rd and 4th October, 1980 near Bahawalpur Canal within the limits of police Station, Yazman. So far as the petitioners are concerned, the allegations against them are that Asghar Ali armed with knife caused injury on the person of the deceased, Akbar Ali had throttled the deceased. The post‑mortem report indicates that the cause of death is throttling and also injury with sharp‑edged weapon on the neck leading to severe haemorrhage, shock and by asphaxia and also by cutting big vessels of neck. 3, The police during investigation collected the following pieces of evidence :‑ (i) Motive supported by Muhammad Nawaz. (ii) Last seen evidence supported by Muhammad Rafiq and Liaqat Ali. They stated that at 6 p. m. on 4th October, 1980 they had seen the deceased with the petitioners at Adda Kid, Bahawalpur. (iii) Recovery.‑Pair of shoes of the deceased was allegedly recovered on 3rd February, 1981 i.e. after about four months on the pointation of Akbar Ali. On 3rd February, 1981 Asghar Ali got recovered a knife (not blood‑stained). Lai Khan Head Constable, present in Court, states that no statement under section 161, Cr. P. C. regarding extra‑judicial confession of the accused was recorded by the police.

4. Learned counsel for the petitioners submits that since there is no evidence of the alleged extra‑judicial confession recorded under section 161, Cr. P. C. the remaining pieces of evidence even if accepted at their face value fail to exclude the possibility of innocence of the accused. As against it, learned counsel for the State submits that the evidence collected by the police is sufficient for believing that the petitioners' have committed offence punishable under section 302, P. P. C. After having considered the arguments advanced by learned counsel for the parties, I find that: (i) there is no ocular evidence in this case (ii) there is no extrajudicial confession ; (iii) recovery of shoes and knife (not blood‑stained) was effected after four months of the alleged occur rence; (iv).the evidence of last seen coupled with other incriminating circumstances collected by the police is or is not sufficient to connect the petitioners with the commission of the offence under sections 302, P. P. C. needs serious consideration and thus it is a matter of further enquiry. The petitioners are, therefore, allowed bail in the sum of Rs. 10,000 (ten thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Faisalabad, M.Y.M Bail granted.