2008 PLP 1968 (YLR)

SYED SHABBAR RAZA RIZVI, J.

The petitioner seeks post-arrest bail in F.I.R. No.91/2005, dated 18-4-2005, under section 302, P.P.C. registered at Police Station Machiwal, District Vehari.

2. Briefly according to the F.I.R. on 18-4-2005 while complainant, Nazir Masih was going with Muhammad Iqbal and Ghulam Farid to contact labour for the purpose of harvesting of his wheat crop, he found a dead body of a young unknown lady. A scarf of black colour was hanging around her neck. The complainant did not know whereabouts of the said lady or the accused person. The police gave advertisement in the newspapers, whereupon, one person Muhammad Afzal stated before the police that his daughter Asia had disappeared 15 days ago and the dead body was of his daughter Asia. On statement of Muhammad Afzal, one Sajjad Nasir was associated with the investigation, but he was cleared by the Investigating Officer. On 23-6-2005 said Muhammad Afzal recorded another statement according to which he stated that he was informed by Muhammad Riaz Hassan and Nazir Akbar that they had seen Mst. Asia going with the petitioner and some other co-accused on a tractor. In pursuance of the said statement present petitioner was arrested on 18-10-2005.

3. The learned counsel for the complainant submits that there is extra-judicial confession against the petitioner made before the S.H.O. and other witnesses and he was also taking Mst. Asia on tractor.

4. The learned counsel for the State candidly submits that there is no direct evidence against the petitioner. He adds that several residents of the locality where the complainant resides have sworn affidavits wherein they deposed that dead body was not of Mst. Asia. He further submitted that the Police Officers investigated this case one way or the other but no one has specifically given any finding against the petitioner.

5. I have heard the learned counsel for the parties and recorded their respective contentions.

6. The record as well as arguments of the learned counsel clearly show that the petitioner is not nominated in the F.I.R., but was arrested only on the basis of suspicion. During the consecutive investigations which were carried out by more than one Police Officers, no evidence could be collected against him. Similarly, another very important aspect of this case is that people of the area where Mst. Asia lived have sworn affidavits that the dead body was not of Mst. Asia, it was of some other woman. The bail cannot be refused to a person or no person can be kept indefinitely in jail, unless there is prima facie evidence against him just on the ground that he stands involved in a heinous crime like murder. From whatever angle this case may be considered, there is no incriminating material against the present petitioner to connect him directly or indirectly with the commission of the offence and there are sufficient grounds to treat this case as one of the further inquiry.

7. In view of the above reasons and discussion, the bail application is allowed subject to petitioner's furnishing surety bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court or Illaqa Magistrate. H.B.T./T-10/L Bail granted.