Thee petitioner seeks post arrest bail in case FIR No, 257/2008 dated 19.9.2008 registered under Section 302/34 PPC at Police Station Ghanda Singh Wala District Kasur.
2. Precise allegations against the petitioner as per narration of FIR are that he alongwith his accomplices had committed the murder of husband of the complainant.
3. Learned counsel for the petitioner submits that there is no eye-witness account of the occurrence and the case registered against the petitioner is merely on suspicion. He further submits that there is no direct or indirect evidence available on record against the petitioner as the complainant herself has also not seen the occurrence. He further argues that the petitioner has been declared innocent in police investigation and no recovery has been effected from him at all.
The petitioner is previously non-record holder, therefore, is liable to be released on bail.
4. Learned DPG opposes bail application of the petitioner and submits that the petitioner is nominated in the FIR with specific role. He has also referred to extra judicial confession made by the petitioner before Mukhtar and Manzoor, in which he had confessed committing murder of the husband of the complainant. He, however, submits that the petitioner has been declared innocent in police investigation and recovery has been effected from the co-accused and not from the petitioner.
5. I have heard the learned counsel for the petitioner us well as learned DPG and have also perused the record. The petitioner is no doubt nominated in the FIR, but I am afraid this Court has to see as to whether offences under which the petitioner is liable to be tried are attracted in this case or not.
There is no eye-witness account of the occurrence. Even otherwise, it is practically not possible that murder of the complainant's husband was committed in the house and none of the family members would know that murder has been committed as no hue and cry was ever made by the deceased. This aspect of the case speaks volumes of the false implication of the petitioner as he has already been declared innocent in police investigation and no recovery of any crime weapon has been effected from him as well.
6. As far as argument of the learned DPG regarding extrajudicial confession by the petitioner is concerned, I am afraid evidence based on extra-judicial confession is a very weak type of evidence and it cannot be believed until and unless it is corroborated by other independent source.
7. Under the circumstances, petitioner's case is that of further inquiry into his guilt. I, therefore, admit the petitioner to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- (rupees fifty thousand), with two sureties in the like amount each to the satisfaction of learned trial Court/Illaqa Magistrate.
Petition stands disposed of.