1994 P Cr (PLP)

Ch. Rashid Ahmad for Petitioner. Muhammad Asif Khalil for the State. Ch. Azmat Khan for the Complainant. This petition for grant of bail has been moved on behalf of Rafaqat Ali, petitioner, who stands arrested since 13-2-1993 for the murder of Muhammad Aslam, brother of Noor Din; complainant, who lodged F.I.R. No.12/93, dated 2-2-1993, registered under section 302/201/34, P.P.C. at Police Station Burki, Lahore.

2. According to the F.I.R. Noor Din, complainant, was informed at 8-00 p.m. on 1-2-1993 that their stack of dry straws of rice crop had been set on fire. He alongwith his brothers Fajru Khan and Muhammad Arshad immediately rushed to the spot and spotted the dead body of their brother Muhammad Aslam lying in the ashes which had marks of violence as well. He lodged the instant report at 12-05 mid-night with the police expressing suspicion on Mallu Khan, Zahoor Khan and other sons who had a dispute over a piece of land with the deceased and the complainant and on the preceding day Mallu Khan had threatened the complainant with dire consequences. Kaley Khan and Noor Muhammad who surfaced during the investigation on 9-2-1993 stated that the petitioner had confessed his guilt before them on 6-2-1993. Mst. Mehtab Bibi, mother of the deceased, stated that the petitioner had called out the deceased from his house and had taken him alongwith him prior to his death. On the basis of this evidence the petitioner was arrested on 13-2-1993. His bail plea was declined by the lower Court, hence this petition.

3. It is contended on behalf of the petitioner that evidence of last seen and extra-judicial confession has been procured rather padded sufficient time after the registration of the F.I.R.; that no recovery of weapon has been effected from him and that these pieces of circumstantial evidence do not furnish reasonable grounds for believing that the petitioner is guilty of committing the murder of the deceased, therefore, he is entitled to grant of bail. Learned counsel for the State assisted by learned counsel for the complainant have vehemently opposed the petition.

4. Having considered the facts and circumstances in the light of contentions raised by learned counsel for the parties, I am of the view that since the circumstantial evidence was collected days after the occurrence and also Kaley Khan and Noor Muhammad before whom the petitioner allegedly confessed his guilt did not round him up and produce before the police, therefore, the material on record, as submitted by the learned counsel prima facie do not furnish reasonable grounds for believing that the petitioner is guilty of committing the murder of Muhammad Aslam (deceased). Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court. N.H.Q./R-107/L Bail allowed.