The post arrest bail has been claimed by Muhammad Hassan in case FIR No, 66 dated 21.2.2011 registered under Sections 302/34 P.P.C. at Police Station, Qutabpur District, Multan.
2. The allegation against the petitioner is that he along with his co-accused has committed the murder of Muhammad Shafique, brother of the complainant.
3. Learned counsel for the petitioner has contended that the case against the petitioner is false and concocted one; he is not nominated accused of F.I.R.; he has falsely been implicated by the complainant through supplementary statement dated 2.4.2011; no specific role has been attributed to him and the co-accused of the petitioner, having the same role, have been released on bail by the learned trial Court. Therefore, the petitioner is also entitled to the concession of bail.
4. The application is opposed from the complainant side and it is contended by the learned D.P.G. assisted by the learned counsel for the complainant that the petitioner and his co-accused summoned the deceased in the house of Mst. Sharat Ellahi where they committed his murder due to the suspicion that he had got illicit relations with Mst. Sharat Ellahi and thereafter they were seen throwing the dead body of deceased in the crop near Hafiz Flour Mills. The motor cycle of the deceased has also been recovered from the accused-petitioner. The case of the petitioner falls within the prohibitory clause of Section 497 of Criminal Procedure Code. Therefore, he is not entitled to the concession of bail.
5. Arguments heard. Record perused.
6. Allegedly, the petitioner is not the nominated accused in the F.I.R; he was implicated through supplementary statement recorded on 1.4.2011 regarding the occurrence, which had taken place on 21.2.2011. No specific role has been attributed to the present petitioner. Nothing has been recovered from the accused petitioner. His co-accused, who had been attributed the same role, has already been enlarged on bail. No direct incriminating evidence is available on record against the petitioner and the alleged extra judicial confession is joint one which was allegedly made before the Punchiyat, the evidentiary value of which will be seen at the trial. At present the case of the petitioner is of further inquiry.
7. In these circumstances, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of trial Court.