Ghulam Murtaza alias Bubal, the petitioner has sought concession of post arrest bail in case FIR No.653 dated 28.8.2015, under Sections 302/392 PPC, registered at Police Station Gadai District Dera Ghazi Khan.
2. Pithily and saga as contained in the crime report is that on 27.8.2015 at 11:35 p.m. Three unknown dacoits having muffled faces, waylaid the complainant and his brother Ghulam Raza near Jaboji Bridge when they were going back to their house on motorcycle. The complainant did not stop the motorcycle whereupon they made indiscriminate firing and one of the fires hit Ghulam Raza on his back, who was on rear seat; he succumbed to the said injury at some distance.
3. Arguments pro and contra heard. Record perused.
4. The petitioner was implicated in this case on the supplementary statement made by the complainant on 28.8.2015 wherein he showed his belief regarding involvement of the petitioner in this occurrence being based on the evidence of Waj Takkar of Muhammad Kamal and Ghulam Mustafa PWs, which is very weak type of evidence. It was a dark-night occurrence wherein features of the assailants have not been mentioned in the FIR. The petitioner was arrested in this case on 21.10.2015 and during investigation nothing incriminating was brought on record against him except the recovery of veil (Lungi/Mandasa) and extra judicial confession allegedly made by him before Haji Siddique and Nadir Hussain PWs. Veracity of said recovery of veil, not being the weapon of offence, and that of inadmissible alleged extra judicial confession, shall be thrashed at trial stage.
The investigation has been finalized and the continued incarceration of the petitioner would serve no beneficial purpose to the prosecution. All these factors have successfully made out case of the petitioner being one of further inquiry, therefore, he is entitled to the concession of bail. I am fortified from the case law cited as "ALLAH DITTA versus THE STATE and others (2012 SCM R 184) in this context.
In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/-(rupees two lac) with one surety in the like amount to the satisfaction of learned trial Court.