'ATTAULLAH KHAN, J.--- Accused-petitioner Muhammad Shoaib has applied for bail after failing to avail it from the lower fora. He is charged under sections 302/201, 109/148/149, P.P.C. Vide F.I.R. No,172 dated 9-8-2008 of Police Station Yarik, District D.I. Khan.
2. According to the report of Ghulam Abbas complainant, he had reported about the missing of one Mashal Khan on the morning of 9-8-2009. Later on his son informed him about some blood- stained earth on the spot. He along with his son went there and the blood-stained spots led them to a place where a human body was buried and one of his hand was outside it. Later on police was informed and on their arrival, the dead body was dug out and it was found to be that of Mashal Khan.
3. Arguments heard and record perused.
4. In the report, nobody has been charged. It is also expressed by the complainant that he has no enmity with anyone. Later on, in the supplementary statement the complainant charged the accused. The record reveals that there is no ocular evidence to connect the petitioner with the offence. The occurrence took place between the night of 6/7-8-2008 and it is on 10-8-2008 when the supplementary statement of the complainant was recorded in which the accused has been nominated and the motive also given. This statement is not believable because in the earlier report, no motive has been given by the complainant. Moreover, the petitioner, Muhammad Shoaib is in Jail for sufficient A time. The story narrated in the supplementary statement prima facie is not believable. The delay in recording the supplementary statement is not fully explained. In spite of remaining in police custody, nothing incriminating has been recovered from the petitioner nor he has made any confession.
5. For the above reasons, this petition is accepted and petitioner is admitted to bail on furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate.