' Muhammad Shafique, Muhammad and Muhammad Maqbool the petitioners through the instant petition have sought for post-arrest bail in case F.I.R. No,23 dated 22-1-2003 for offence under section 302 read with section 34, P.P.C. Registered with Police Station Manga Mandi, District Lahore.
2. Briefly the allegation against them is that they had strangulated the unknown deceased lady to death after committing Zina with her.
3. It has been contended on their behalf that they have been falsely roped; that only incriminatory evidence against them on the record is that of statement under section 161, Cr.P.C. Of Muhammad Akbar and Abdul Rehman shown to have been recorded on 25-7-2003 regarding their extra- judicial confession while both these persons have sworn affidavit to the effect that they (petitioners) have not made any such confession before, them and so the case against them requires further inquiry into their guilt (the affidavit of Abdul Rehman son of Sadiq and Muhammad Akbar son of Sadar Din both Gujjar by caste residents of Mauza Bath, Police Station Manga Mandi, District Lahore have been filed); and that they are behind the bars and previous non-convicts.
4. Conversely the learned counsel for the State has opposed the petition on the ground that they have committed 'a heinous crime by committing the Qatl-e-Amd of the unknown deceased lady after committing Zina with her; and that there is evidence of extra-judicial confession against them to connect them with the crime.
5. I have carefully considered the submission made by the learned counsel for the parties with the help of available record.
6. The fact remains that they are not named in the F.I.R. Admittedly except the statement under section 161, Cr.P.C. Of Abdul Rehman and Muhammad Akbar P.Ws., shown to have been recorded on 25-7-2003 regarding their extra-judicial confession 2/3 days after the occurrence, there is no other evidence on the record to connect them with the crime alleged. Their side has placed on the file the affidavit of the afore-mentioned two persons. They in the same have disowned that they (petitioners) have made any such confession of their guilt before them.
7. In these circumstances, the case against them has become as one of further inquiry into their guilt. The same. Therefore, is covered under subsection (2) of section 497, Cr.P.C.
8. 1, therefore, find them entitled to bail. The petition, therefore, is accepted and they are admitted to bail subject to their furnishing bail bond in the sum of Rs,1,00,000 (Rupees one lac) each with two sureties each in the like amount to the satisfaction of the learned trial Court.