Through this petition the petitioner seeks post arrest bail in case FIR No, 385/09 dated 8.8.2009 registered under Sections 302, 201, 34 PPC with police station Saddar Jalalpur Pirwala District Multan.
2. Brief facts giving rise to the instant bail application are that the above said FIR was lodged against the petitioner and his co-accused for committing murder of Allah Bakhsh deceased.
3. The bail petition of the petitioner was dismissed on merit by the learned Additional Sessions Judge, Jalalpur Pirwala on 8.12.2009.
4. Learned counsel for the petitioner contended that there is unexplained delay of one month and four days in lodging the FIR; false implication of the petitioner cannot be ruled out; the only evidence collected against the petitioner is of extra-judicial confession of co-accused Wahid Bakhsh who confession of co-accused Wahid Bakhsh who confessed that with the connivance of Mst. Husaina Mai and Allah Dawaya co-accused he murdered Allah Bakhsh, his real brother; that the petitioner is behind the bars since 25.9.2009; that story as narrated in the FIR is not believable; that it is narrated in the FIR that Mst. Husaina Mai wife of Wahid Bakhsh was a woman of bad character who had developed illicit relations with Allah Dawaya son of Ghulam Sarwar and Allah Bakhsh deceased had a grudge of this illicit relations of his brother's wife with Allah Dawaya and deceased had informed his brother Wahid Bakhsh and had warned his brother and his wife about this many times, on this Allah Dawaya and Mst. Husaina Mai extended threats to Allah Bakhsh deceased and ultimately he was done to death. Learned counsel for the petitioner submits that only some bones were collected as evidence and no final result whether Allah Bakhsh deceased disappeared or this bones are of his body sent for DNA test, the report of which is not yet received; in the abovementioned circumstances the case of the petitioner is of further inquiry and needs further probe and investigation into the guilt of the petitioner.
5. Conversely learned D.P.G. opposed this bail petition by contending that petitioner is nominated in the FIR with specific role; the offence falls within the prohibitory clause; petitioner is not entitled to the concession of bail.
6. I have heard the learned counsel for the petitioner and learned DPG for the State and also perused the record.
7. The only evidence collected by the Investigating Officer against the petitioner is extra-judicial confession of co-accused Wahid Bakhsh which is not the confessional statement of the petitioner himself; statement of one co-accused against other co-accused has no evidentiary value; the petitioner remained on physical remand with the police and anothing incriminating was recovered from the petitioner; that the investigation of the case has been completed; the petitioner is no more required for further recovery; that the petitioner is involved in the case on the ground of suspicion and benefit of doubt goes to the accused; there is unexplained delay of 34 days in lodging the FIR; the question arises of false implication for such a long delay in lodging the FIR; challan of the case has been submitted before the learned trial Court and if after recording of evidence charge is not proved against the petitioner there will be no reparation or compensation for keeping the petitioner behind the bars; that only few bones of the body of the deceased were recovered which were sent for DNA test. The said report is still awaited; the involvement of the petitioner in the murder of Allah Bakhsh deceased in this case is on the basis of suspicion and on the statement of co-accused Wahid Bakhsh; in fact it is a case of no evidence; no-body saw who killed the deceased Allah Bakhsh, the mystery is still to be unfolded.
8. In the light of above discussion this petition is allowed the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 300,000/- with one surety in the like amount to the satisfaction of the learned trial Court.