1988 P Cr (PLP)

Maj. (Retd.) Waheed-ud-Din Virk for Petitioner. Muhammad Khalil for the State. Petitioner seeks bail in the case registered against him and two others, under section 364/302/201, P.P.C. and section 14/17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 at Police Station Kotwali, Sialkot.

2. The F.I.R. was lodged on the statement of Muhammad Ali father of Shamsher Ali on 11-7-1987. According to F.I.R. Shamsher Ali had left his house on 13-12-1984 for going to Faisalabad on his motor-cycle No. FDN/4652. He did not reach Faisalabad. A report about his having been lost alongwith the motor-cycle, was made to the police on 21-1-1985. However, neither Shamsher Ali returned home nor the motor-cycle was recovered. Two-three days before 11-7-1987 Muhammad Rafiq resident of Gojra, District Toba Tek Singh and Muhammad Shafiq resident of Chowk Azam, District Leiah who had come to see Haji Muhammad Munir in Sialkot, told the complainant that they had seen the deceased in the company of the petitioner, Yusuf and Parvez on 13-12-1984 in Chowk Allama Iqbal, Kutcheri Road.

3. The petitioner was arrested on 11-7-1987 by the police while riding motor-cycle No.FDN/4652 driven by Yusuf. Parvez was also arrested. Thereafter, the petitioner and other accused are stated to have confessed while being in custody of police in the presence of Siraj Din and Muhammad Din on 4-8-1987 of having murdered Shamsher Ali. Golden ring, belonging to the deceased is also stated to have been recovered from Yusuf co-accused of the petitioner.

4. As it appears, the only evidence against the petitioner is that according to Rafiq and Shafiq, the deceased was seen last in the company of the three accused on 13-12-1984 and the petitioner was found riding motor-cycle belonging to the deceased. The other evidence, according to learned counsel for the State is, that he alongwith his co-accused had confessed abduction and commission of murder of the deceased, before Siraj Din and Muhammad Din.

5. The confessional statement said to have been made before Sirai Din and Muhammad Din is not admissible as the same admittedly was made while being in police custody. Although the petitioner was found riding motor-cycle of the deceased, but it cannot be conclusively presumed that the motor-cycle was in his exclusive possession as it was not being driven by him. He might well be just a passenger. The claim made by Muhammad Rafiq and Shafiq about the deceased having been last seen in the company of the petitioner and his co-accused some two years and seven months before the lodging of the F.I.R. is something which requires further enquiry. Learned counsel for the State, states that for the present there is no other evidence connecting the petitioner with the commission of crime. In the circumstances, reasonable grounds do not appear against the petitioner of having committed the offence charged of. This petition is, therefore, allowed and the petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. twenty-five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Sialkot. S.A./M-617/L Bail granted.