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2012 SCMR 387

MUHAMMAD WASEEM vs THE STATE and others

Citation2012 SCMR 387
CourtSupreme Court of Pakistan
Case No.Criminal Petition No 756-L of 2011 Criminal Miscellaneous No, 8657-B of 2011
Date2011-12-19
Judge(s)Asif Saeed Khan Khosa, Gulzar Ahmed
ResultBail allowed

1. ' ASIF SAEED KHAN KHOSA, J.---Admittedly Muhammad Waseem petitioner had not been nominated in the F.I.R. And also that no test identification parade has been held in this case so as to positively' incriminate the petitioner. There is nothing available on the record to connect the recovered pistol and cash with the pistol allegedly used in the incident in issue and the cash allegedly stolen therein. The extra-judicial confession allegedly made by the petitioner and his co- accused prima facie has the trappings of a joint confession which is inadmissible in evidence. The witnesses of Wajtakkar evidence had come forward to implicate the petitioner with a noticeable delay. The investigation of this case has already been finalized and a Challan has been submitted and, A thus, physical custody of the petitioner is not required at this juncture for the purposes of investigation. For all these reasons this petition is converted into an appeal and the same is allowed and, consequently, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

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