Through instant petition Aurangzeb alias Peejo, the petitioner has sought post-arrest bail in case FIR No. 100, dated 14.03.2016 in respect of offences under Sections 302, 34, PPC registered at Police Station Mehmood Kot, Tehsil Kot Addu, District Muzaffargarh.
2. The brief allegations, as contained in the FIR, are that on 14.03.2016 at about 03:00 p.m., the petitioner informed the complainant that Munir Hussain (his brother) had committed suicide, upon which, complainant along-with Sagheer Hussain, Khadim Hussain and Akhtar Hussain reached in the area of Mauza MansaRaam Sandeela and saw the dead body of Munir Hussain, which was lying there near brick kiln of Mureed Hussain. He alleged that the petitioner and Muhammad Zubair committed the murder of deceased. Motive behind the occurrence was described as Mst.Shabana Bibi widow of Munir Hussain deceased had illicit relation with petitioner, therefore, the petitioner in connivance with co-accused Muhammad Zubair (brother of the wife of the deceased) had committed the murder of Munir. Hussain, hence, this case was registered:
3. I have heard learned counsel for petitioner, learned Deputy District Public Prosecutor appearing for the State assisted by learned counsel for the complainant and perused the record.
4. Admittedly, it was a blind murder and no one had seen at the time of committing the murder of Munir Hussain deceased. The only evidence available with the prosecution to connect .the petitioner with the commission of offence was extra judicial confession made by the petitioner on the presence of. Jafar and Arshad PWs, who had stated under Section 161, Cr.P.C. before the Investigating Officer with regard to that effect on 14.03.2016. Thereafter, private complaint was filed by the complainant after eight months of the alleged occurrence by placing the name of Sagheer Hussain (son of the complainant) as an eye-witness of the occurrence which is, prima facie, an afterthought story narrated by him. No other evidence is available with the prosecution so far. The matter of involvement of the petitioner in the alleged occurrence
5. For what has been discussed above, this petition is allowed and the petitions one of further inquiry. The challan has already been submitted before the trial Court. The petitioner is behind the bars since his arrest i.e. 17.03.2016 and his physical custody is no more required to the police for investigation and his further incarceration in jail would serve no useful purpose to the prosecution. ner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (rupees two lac) with two sureties in the like amount to the satisfaction of the trial Court.