1984 P Cr (PLP)

Zafar Mahmood Anjum for the State. Nazar Muhammad petitioner having remained unsuccessful before the Sessions Judge, D. G. Khan, has approached this Court for the grant of bail, as he stands arrested for having committed murder of Mir Muhammad alias Meero.

2. Mir Muhammad deceased had allegedly left his house at Peshiwela on 30-9-1982 for village Talpur in order to deliver wool to one Haji Muhammad Khan of village Talpur. He did not return home thereafter. His brother Din Muhammad, complainant in this case searched for him but all in vain. It so, happened that the complainant was told by certain persons that they had seen a dead body floating in the Jampur canal, near Dera Canal Link No.

3. Din Muhammad complainant, Jan Muhammad and one Mureed in order to locate the dead body travelled down stream and were able to locate the human body in the said canal near Burji Nos. 2 to 6 which was suck-up in the trees standing along the canal-bank on 5-10-1982. The dead body was taken out from there on 6-10-1982 and report to this effect was jotted down in the daily diary of Police Station Chotti but no formal case was registered. However, the dead body was got post-mortemed and the doctor sent some internal parts of the dead body to Chemical Examiner for detection of poison. This dead body was identified by the complainant and his relations to be that of Meero deceased. Later on the doctor opined that Meero had been done to death by strangulation. Resultantly a case under section 302, P. P. C. was registered, on 17-12-1982 wherein the petitioner was not named as an accused.

3. The petitioner was arrested on 21-12-1982 for he had allegedly made extra-judicial confession before Rango and Jeetha (nephews of the deceased) that he had strangulated Meero to death to remove him from his way for continuing his liaison with deceased's wife. On 17-12-1982, Noor Muhammad and Aloo P. Ws. stated that they had seen the deceased in the company of the petitioner some three months ago.

4. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.

5. There are two pieces of evidence procured against the petitioner by the Investigating agency, i.e. extra-judicial confession made by the petitioner before the two nephews of the deceased and the "last seen evidence about which Noor Muhammad and Aloo P. Ws. had stated for the first time, on 17-12-1982, some three months after the occurrence.

6. It may be stated there is no direct/ocular evidence connecting the petitioner with the murder of Meero. The case against the petitioner hinges on circumstantial evidence of last seen" and "extra-judicial confession". Without expressing any opinion as to the evidentiary value of these pieces of evidence, I may say that the material so far brought on record does not furnish reasonable grounds to believe that the petitioner is guilty of committing an offence punishable with death or imprisonment fort life.

7. Consequently, I allow this petition. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs. 10, (Rupees ten thousand only) with two sureties in the like amount each to the satisfaction of the A. C. /Duty Magistrate, D. G. Khan. M. Y. H. Bail granted.