2001 P Cr (PLP)

Jahangir Iqbal, petitioner stood arrested during the course of investigation of case F.I.R. No.497, dated 26‑7‑1999 under sections 302/379/149, P.P.C. read with section 148, P.P.C. registered with Police Station Factory Area, Sneikhupura against Faqir Hussain and others alongwith two unknown persons on 4‑12‑2000: Complainant Ghulam son of Sehana made a supplementary statement on 14‑11‑2000 implicating the petitioner. On that date, statements of two witnesses Riasat Ali and Basharat Ali relating to extra‑judicial confession of the petitioner were also recorded. The same witnesses identified the petitioner during the course of a test identification parade held on 17‑12‑2000. On the strength of aforementioned evidence, the Investigating Officer proceeded to arrest the petitioner.

2. He moved application before the learned trial Court for obtaining post‑arrest bail but the said learned Judge declined him relief through his order, dated 30‑1‑2001. Now he has approached this Court through the instant petition to call in question the said order. Bail is pressed on the following grounds:‑‑ (1) Name of the petitioner is not mentioned in the F.I.R. and that he was arrested after 1‑1/2 years of the occurrence. (2) Nadeem and Asima alleged eye‑witnesses did not utter a single word against the petitioner and that the entire evidence was fabricated by the complainant in collaboration with the police. (3) That petitioner was being wrongfully confined and illegally detained by Police Station Ferozewala and for that reason Habeas Petition bearing No.1950/H of 2000 was filed. It was stand point of the police that he was not wanted in connection with any case. Thereafter, he was again apprehended by Ferozewala police and Writ Petition No.24165 of 2000 was filed but that was withdrawn.

2. On the contrary, Lamed counsel for the State submits that there was evidence in the form of extra‑judicial confession before Riasat Ali and Basharat Ali P.Ws. and identification parade and for that reason he is not entitled to this relief.

3. Both the sides have been exhaustively heard. I have soberly considered each and every aspect of the matter. Admittedly name of the petitioner does not figure in the F.I.R. Names of six persons find mentioned in the F.I.R. and they were given clean slate by the Investigating Agency after thorough investigation of the case. Nadeem and Asima did not utter a single word against the petitioner. No incriminating article has been recovered at the instance of the petitioner and he was entangled in the case at belated stage of investigation through so‑called extra judicial confession. Extra‑judicial confession is a weak type of evidence. The petitioner has been in illegal and improper custody of Police Station Ferozewala. Identification parade is inconsequential in this matter. I am of the firm view that allegations require further probe and as such case of the petitioner falls under subsection (2) of section 497, Cr.P.C. being that of further inquiry.

4. For all these reasons I am inclined to allow him bail. He is directed to be released from custody subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of trial Court. N.H.Q./J‑30/L Bail allowed.