' The petitioner seeks after arrest bail in case F.I.R. No.402 of 2000 dated 15-12-2000 under section 302, P.P.C. Registered at Police Station, Rot Mubarik District, Dera Ghazi Khan.
2. Brief facts of the case are that on the day of occurrence complainant was present in his house, suddenly he heard the firing outside his house. An alarm being raised by his son Abid Hussain. He ran towards him where other witnesses were also attracted and found Abid Hussain in injured condition. He took him to the Hospital. On the way Abid Hussain succumbed to the injuries. The complainant suspected that one Haji Khuda Bukhsh has killed his son or through somebody else got him killed. Consequently the instant F.I.R. Was registered.
3. Learned counsel for the petitioner contends that the petitioner is not named in the F.I.R.; that empties recovered from the place of occurrence were never sent to the Laboratory; that apart from the extrajudicial confession before the complainant and his son there is no other incriminating evidence with the prosecution against the-petitioner; that although .30 bore pistol has been allegedly recovered from the petitioner but this pistol is not connected with the offence as well, and that the petitioner is behind the bars for the last about six months.
4. Learned State counsel has opposed this bail petition by contending that the petitioner is prime suspect in the case; that in view of his confession before the witnesses he is connected with the offence.
5. I have considered the arguments of learned counsel for the parties.
6. Since at present the prosecution is not in possession of any evidence against the petitioner apart from his extra-judicial confession that too, before the complainant and his son which is otherwise very week type of evidence. The recovery of crime weapon from the petitioner is prima facie not connected with the commission of offence as yet, no report of Forensic Science Laboratory is with the prosecution. As stated by learned State counsel two suspects in this case are still at large, therefore, it would be unfair to keep the petitioner behind the bars for unlimited period. In the circumstances of the case the petitioner has successfully made out a case for further inquiry.
Consequently he is allowed bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court.