' Pre-arrest bail has been sought by applicants Muhammad Siddiq and Naim who have been implicated in the case of Qatl-i-Amd of Muhammad Iqbal whose dead body was found at the railway line and after taking necessary proceedings the same was kept at Cold Mortuary Civil Hospital, Hyderabad at the instance of Railway Police, Hyderabad who had disposed of the case through Crime No,26 of 2003. On postmortem examination it was found that the deceased was killed by sharp-cutting weapon. Thereafter, the statement of Muhammad Farooq brother of deceased was recorded under section 154, Cr.P.C. And the instant F.I.R. (Crime No,18 of 2003) was registered at Police Station G.O.R. Hyderabad. In the present F.I.R. Muhammad Farooq has disclosed that after burying the dead body of his brother he learnt at Shaikh Bhirkio that the deceased used to visit Mst. Naziran alias Nasrin he, therefore, approached the said lady who made extra-judicial confession that her ex-husband Muhammad Siddiq, Muhammad Naim and her son Muhammad Shafiq had killed Muhammad Iqbal and thrown the dead body at the railway line. During investigation judicial confession of Mst. Naziran alias Nasrin was recorded wherein she stated that during night time she heard noise and found that her son Muhammad Shafiq son of her ex- husband Muhammad Siddiq was inflicting hatchet blows upon Muhammad Iqbal after cutting his neck. Muhammad Shafiq disappeared, therefore, she with the help of her children threw the dead body at railway line.
2. I have heard Mr. Muhammad Ishaq Khoso, learned counsel for applicants and Mr. Mashooq Ali Samo, learned Assistant Advocate-General for the State, the latter opposed the bail on the ground that the names of the present applicants transpire in the F.I.R. Which version is supported by judicial confession of co-accused Mst. Naziran alias Nasrin and the post-mortem report showing injuries on neck of deceased which caused the death.
3. Mr. Muhammad Ishaq Khoso, learned counsel for the applicants submitted that applicant Muhammad Siddiq is former husband of Mst. Naziran alias Nasrin who has divorced her, while applicant Muhammad Naim is brother of Muhammad Siddiq, they have been implicated with mala fide intention by Mst. Naziran alias Nasrin due to her grudge resulting from divorce and that Muhammad lqbal's relations with Mst. Naziran alias Nasrin were admittedly objected to since beginning. He relied on Meeran Bux v. The State and another PLD 1989 SC 347 and Afzal Chohan v.
The State 2003 PCr.LJ 142. He contended that the F.I.R. Itself is based on extra-judicial confession, but in the judicial confession of said person Mst. Naziran alias Nasrin the only allegation against the applicants is that at their instigation the offence was committed by Muhammad Shafiq.
4. I have carefully considered these contentions in the light of material on record. In essence, the main evidence is the judicial confession as it supersedes the earlier extra-judicial confession, it is a question apart that it does not conform to the story as far the role of the present applicants is concerned, which fact can better be considered at the trial and nothing can be said at this stage.
Nevertheless, it can be inferred that in view of this evidence the applicants were not present when the offence of Qatl-i-Amd was committed. The allegation that they had instigated Muhammad Shafiq is again founded on no direct evidence but on presumption. In these circumstances, learned counsel for the applicant is justified in urging the ground of involvement of applicants with mala fide intention because of the grudge arising out of divorce of Nasreen. Since the case of the applicants calls for further enquiry and their implication in the case with mala fide intention can prima facie be discerned from the material on record, they are entitled to pre-arrest bail which serves the main object of grant of anticipatory bail as settled, time and again, by the superior Courts. The authorities cited by the learned counsel are also applicable to the instant case.
5. For the reasons stated above the application is allowed and the applicants are admitted to pre- arrest bail in the sum of Rs,3,00,000 (Rupees three lacs) each with one surety and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.
Pre-arrest .