The petitioner seeks bail after arrest in case FIR No. 216/2003, dated 19.10.2003 registered at Police Station Dhanot, District Lodhran under Section 302 PPC.
2. According to the complainant, he found the dead-body of shamsher Khan and he suspected that he was murdered by some unknown accused due to personal grudge.
3. Learned counsel for the petitioner contends that different police officers investigated the case and found 11 persons as innocent while the petitioners was arrested on 22.12.2003 and sent of judicial lock up on 4.1.2004. It is further contended that no evidence is available against the petitioners to connect them with the commission of crime. It is also contended that the petitioners were also found innocent during the investigation but on the insistence of complainant party, they have been placed in Column No. 2. It is further contended that statement of complainant regarding extrajudicial confession was recorded on 12.1.2004 by the investigating officer, when the petitioners were already behind the bars. It is lastly contended that it is a case of no evidence and nothing was recovered from the petitioners. Hence, they may be released on bail.
4. Learned counsel appearing on behalf of the State opposes this application on the ground that there is evidence in the shape of extrajudicial confession made by the co-accused and present petitioners before the witnesses.
5. I have heard the learned counsel for the parties and also perused the record. Admittedly the petitioners are not named in the FIR and subsequently the complainant during his statement got recorded on 12.11.2003 had shown suspicion upon 11 persons including the present petitioners that they had murdered the deceased but during investigation conducted by different police officers they let off eight co-accused and sent the petitioners to judicial lock up on the insistence of complainant party. The only evidence available against the petitioners is that they had made extrajudicial confession before the complainant and other witnesses which was brought by the complainant on 12.1.2004 before the police during investigation while the petitioners were already sent to judicial lock-up on 4.1.2004. Even otherwise, the doctor in the post-mortem examination had not found any external injury on the person of deceased and viscera was also sent to the Chemical Examiner but in its report no poison was detected. In such circumstance case of the petitioners is of further inquiry, which is covered by sub-section (2) of Section 497 Cr.P.C. Hence, this application is accepted and the petitioners shall be released on bail subject to their furnishing bail bonds amounting to Rs.
1,00,000/- (Rupees one lac only) each with two sureties each in the like amount to the satisfaction of learned judicial/Ilaqa Magistrate.