Khalil Ahmad petitioner has moved this petition for bail in a case registered against him under section 302, P. P. C for committing the murder of his wife. There is no ocular evidence of the occurrence and the prosecution case rests on the extra judicial confession allegedly made by the petitioner before Jamshed Hayat and Muhammad Ali P. Ws on 12-10-1976 and the recovery of the dead body of Mst. Munawar Bibi deceased at the instance of the petitioner from the area of Chak No. 210 on 13-10-1976.
2. The learned counsel for -the petitioner contends that in the year 1962 the father of the petitioner had lodged a report against Jamshed Hayat P W. And others under section 302, P.P.C. For committing the murder of his son Nur Ahmad and his daughter-in-law "st, Sharifan, therefore, there was no occasion for the petitioner to make a confession before an enemy. He further submits that Muhammad Ali PW has sworn affidavit to the effect that no confession was ever made before him.
Lastly, he submits that the recovery of the dead body is fake. He elaborates that the recovery was allegedly effected from Chak No. 210 but no witness from that Chak was made to join the investigation and the recovery is supported by Jamsheed Hayat complainant and three other persons Who are not residents of the locality. He further submits that the petitioner is in Jail for the last 27 months and his trial is not likely to commence. The learned State counsel submits that the case against Jamsheed Hayat was registered as far as back as in 1962, therefore, it cannot be said that enmity between the parties continued up to the time of this occurrence. He submits that the extra judicial confession allegedly made by the petitioner before Jamsheed Hayat and Ali Muhammad P. Ws. Is specifically mentioned in the F. I. R and he is alleged to have led `to the recovery of the dead body, therefore no ground for bail is made out.
4. I have given my careful consideration to the arguments addressed by the learned counsel for the parties. The learned counsel for the petitioner has produced a certified copy of the F. I. R.
Lodged by Jan Muhammad son of Allah Ditta (father of the petitioner) at Police Station Muridwala on 19-3-1962 against Jamsheed Hayat (complainant, of this case) and others under section 302, P.
P. C. For committing the murder of his son Nur Ahmad and his daughter-in-law Mst. Sharifan. The other witness of the extrajudicial confession, namely, Muhammad Ali has sworn affidavit to the effect that no such confession was ever made before him by the petitioner. The dead body of Mst.
Manawar Bibi was allegedly recovered from Chak No. 210 in the presence of Jamsheed Hayat complainant, Ali Muhammad, Sumandar Khan and Nawab Khan. None of these witnesses belongs to the said Chak (No. 210). There is substance in the contention that the petitioner was not expected to make confession before an enemy like Jamshed Hayat against whom his father had lodged an F. I. R. Under section 302, P. P. C. For committing the murder of two close relatives. In view of all these circumstances and the fact that the petitioner is in jail for the last 27 months, I think a case for his enlargement is made out. Consequently, I, admit him to bail in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Sumandari, I may, however, point out that no observation made in this order shall influence the mind of the Court below while deciding the main case.