1988 P Cr (PLP)

‑‑S.497‑‑Penal Code (XLV of 1860). Ss.302, 201 & 34‑‑Bail‑ Extra‑judicial confession made by accused as to strangulation of deceased by them, made separately and there existed against them evidence of deceased having beer, last seen with them‑‑Bail refused. Masood Mirza for Petitioners. Shabbar Raza for the State. Syed Laqa Haider Zaidi for the Complainant. Date of hearing: 15th June, 1987. This is an application for grant of bail to Allah Ditta, Khushhal, Muhammad and Kameer petitioners in a case under section 302/201/34, P.P.C. registered at P.S. Sadder Jhang, vide FIR No.392 dated 28‑10‑1986.

2. The prosecution case is that the petitioner in furtherance of their common intention caused the death of Mst. Qasim Khatoon by strangulation and thereafter threw the dead body in the well where from it was subsequently recovered.

3. Learned counsel for the petitioner submits that there is no eye‑witness of the occurrence; that there is no circumstantial evidence to connect the petitioner with the murder of the deceased and that the prosecution has collected evidence of extra‑judicial confession made by the petitioner before Shahmand and Shera P.Ws. to the effect that they had done Mst. Qaim Khatoon to death by strangulation and thereafter thrown the dead body in the well. Learned counsel argued that the evidence of extra‑judicial confession being a weak type of evidence, there are not reasonable grounds to believe that the petitioners have committed the alleged offence. The learned counsel has also produced the affidavit sworn by Ameer, father of the deceased to the effect that the petitioners are innocent and that his daughter has in fact committed suicide by jumping in the well. Conversely, the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel inclined to allow bail to Khushhal and Muhammad petitioners. The medical evidence shows that Mst. Qaim Khatoon had died as a result of strangulation. There is no eye‑witness of strangulation of the deceased. The police could collect the evidence of last seen and extra‑judicial confession made by the 4s petitioners. Shahmand complainant is witness of last seen. He stated that before her death Mst. Qaim was forcibly taken away by the petitioners to the house of Allah Ditta petitioner and thereafter, she was not seen. He also deposed that Kameer petitioner had confessed before him that he alongwith 3 co‑ accused/petitioners had strangulated Mst. Qaim Khatoon to death and thereafter Allah Ditta petitioner came to him and made confession of the murder of Mst. Qaim Khatoon by him and the 3 co‑accused. Shera P.W. has stated that Khushhal and Muhammad petitioners had confessed before him that they alongwith the co‑accused had murdered the deceased. I find that the alleged extra‑judicial confession made by Khushhal and Muhammad before Shera is joint one and may not be admissible. So far as Kameer and Allah Ditta petitioners are concerned, there is evidence of extra‑judicial confession made by them separately before Shahmand as well as evidence of the deceased having been last seen with them. For what has been said above, without making expression of opinion lest it may prejudice the merits of the case, I am of the view that a case for grant of bail to Khushhal and Muhammad is made out and that Kameer and Allah Ditta petitioners are not entitled to the concession of bail at this stage. So, the application to the extent of Kameer and Allah Ditta is dismissed. Khushhal and Muhammad are, however, allowed bail in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C. /Duty Magistrate, Jhang. M.Y.H./A‑262/L Petition partly allowed.