2008 P Cr (PLP)

SYED MEHMOOD ALAM, J.

The applicant Ghazi Sarfraz has impugned the order, dated 6-3-2008 passed by the learned 1st Additional Sessions Judge, Karachi West in Crime No.270 of 2007 under section 302, P.P.C. of Police Station Surjani Town whereby the bail application of the applicant was rejected.

2. Precisely, the facts of the prosecution case are that the complainant Muhammad Zulfiqar recorded his statement under section 154, Cr.P.C. at 1800 hours at Abbasi Shaheed Hospital, which, was converted into above F.I.R. contending therein that since 2-9-2007 his younger brother Muhammad Tahir was missing. On 6-9-2007, he came to know about the recovery of a dead body through Police Station Surjani town, as a result of which, he came at Abbasi Shaheed Hospital and identified the dead body of his above mentioned brother by his clothes and N.I.C. He lodged the F.I.R. against the unknown person regarding the murder of his brother.

3. The accused was arrested in Crime No.288 of 2007 under sections 392/397, P.P.C. and during interrogation, the accused/applicant admitted that he and co-accused Shakeel killed the deceased Muhammad Tahir. The accused/applicant said to have pointed the place of incidence. Thereafter, challan was submitted.

4. The Advocate for the applicant, inter alia, contended that the applicant is an innocent and has been falsely implicated in the above case as this is a case of no evidence. Neither anybody claimed that he had seen the applicant committing the murder nor any confession of the applicant was recorded. The accused/applicant said to have arrested in the above case on the basis of so-called statement before the police in judicial lock-up, which has no evidentiary value and regarding the pointation of place of incidence that was also not a new evidence as the same was already in the knowledge of the police, hence the case falls under sub-clause (2) of section 497, Cr.P.C.

5. The learned State Counsel conceded the above position.

6. Heard both the counsel and perused the record.

7. Admittedly, no evidence was available to connect the accused/ applicant in the above case, hence the case fell under section 497(2), Cr.P.C., and required further inquiry and the applicant was entitled to bail, therefore, bail was granted to him on furnishing surety in the sum of Rs.5,00,000 (Rupees five lac only) with P.R. bond in the like amount to the satisfaction of the trial Court, vide my short order, dated 18-6-2008. These are the reasons of the above short order. H.B.T./G-17/K??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.