' Petitioner seeks bail in case F.I.R. No,28 of 2002, dated 20-1-2002, under sections 302/34 and 109, P.P.C. Registered at Police Station, Saddar Pakpattan Shard.
2. Brief facts of the case as disclosed in the F.I.R. Are that on the night of 20-1-2002, the petitioner was present in the house of his brother-in-law Naik Muhammad alongwith other relatives. At about mid-night, on hearing some noise, the said Naik Muhammad went out in the open yard. After him the complainant and Abbas P.W. Also went out and saw in the electric light that three unknown persons were present. One of them fired with a .30 bore pistol on Naik Muhammad, which hit him on the head, who fell down, whereafter, the accused persons left the place of occurrence. The injured was being removed to the hospital and in way he expired.
3. Learned counsel for the petitioner contends 'that the petitioner was involved in this case later on through a supplementary statement made by the complainant on 10-3-2002; that he was involved on the conspiracy of the murder of Naik Muhammad; 'that no recovery of any incriminating material is attributed to the Petitioner; that no motive is attributed to the petitioner and that only other evidence available against the petitioner is that extra-judicial confession before a Punchayat, which is a very weak type of evidence. It is further contended that the petitioner was found innocent during investigation conducted by the police to the extent of active participation in the offence.
4. On the other hand, learned counsel has opposed the prayer of bail made by the petitioner.
5. I have considered the arguments of the learned counsel for the parties.
6. At this stage, there does not appear to be any sufficient evidence with the prosecution to connect the petitioner with the commission of crime as there is no alleged motive against the petitioner. There is no recovery from him. He is not named in the F.I.R. His active participation in the actual crime is not believed by the police itself. The supplementary statement of the complainant was recorded after about 1-1/2 months. The extra-judicial confession before the Punchayat is a weak type of evidence. In these circumstances, the petitioner's case is one of further inquiry.
Resultantly, he is admitted to bail subject to his furnishing bail Bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of learned trial Court.