' Muhammad Qasim alias Kashi, petitioner seeks after arrest in case FIR No, 576 dated 31.10.2013 under Section 302/34 of the Pakistan Penal Code, 1860 registered at Police Station Chowk Azam, District Layyah.
2. Brief facts of the case are that on 31.10.2013 the complainant got lodged the instant FIR contending therein that his sister namely Shaheen Akhtar was found dead in her room. The complainant suspected Liaqat Ali, Selman, Razia Begum and Sughran Bibi to have committed the murder of his sister by assigning motive that his brother-in-law (behnoi) namely Atta Muhammad had contracted marriage with sister of complainant, on which the family members of Atta Muhammad were not happy and they have committed the murder of Shaheen Akhtar.
3. On 01.11.2013, the complainant, got recorded his supplementary statement before the police contending therein that due to misunderstanding, he had nominated Liaqat Ali, Selman, Razia Begum and Sughran Bibi and now he has come to know that his sister has been murdered by Muhammad Qasim (petitioner), Naseer Ahmad alias Goga and Shahnaz Bibi wife of Zulfiqar Ali.
4. Arguments heard. The record perused.
5. The petitioner is not named in the FIR and he has been implicated in this case on the supplementary statement of the complainant which was got recorded on 01.11.2013. The occurrence is unseen and two co-accused of the petitioner namely Liaqat Ali and Sughran Bibi have been declared innocent by the police whereas accused Mst. Razia Begum has been granted post arrest bail by the learned Addl. Sessions Judge, Layyah. In respect of accused Saleman, the complainant himself has sworn affidavit and declared him as innocent. There is no direct evidence available on record against the petitioner to connect him with the commission of offence except the extra judicial confession, which is also not trustworthy. The petitioner has been implicated in this case by way of recording of extra judicial confession and no evidence whatsoever could be collected, which may lead to the guilt of the petitioner in commission of offence. Extra judicial confession is always considered to be very weak type of evidence and could only be relied upon when the same is corroborated with other confidence inspiring evidence which is not available in the present case.
Learned counsel for the complainant and learned APG could not make out a case where post arrest bail of the petitioner could be declined. The petitioner is behind the bars and no more required for further investigation and his case calls for further inquiry within the ambit of Section 497(2), Cr.P.C.
6. For that has been discussed above, I have no other option but to admit the petitioner to bail after arrest. Resultantly, the petitioner is admitted to bail after arrest subject to his furnishing bail bond in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.
7. However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial of the case.