The petitioners have been arrested in case F. I. R. No. 40 dated 24th June, 1981 under section 302/34, P. P. C. Registered at Police Station Dramma, District D.G. Khan, for the murder of Ghulam Farid, deceased.
2. The petitioners had applied for bail in the Court of Session Judge, D. G. Khan, but it was rejected by the Additional Sessions Judge by his order dated 3rd January, 1982. Hence-this petition.
3. The petitioners allegedly were seen carrying on their shoulders dead body at night time and on subsequent inquiry by the P: Ws. They made extrajudicial confession that they had killed Ghulam Farid because he had illicit connection with Mst. Ashraf, daughter of Aziz, petitioner. Thereafter, the aforementioned case was registered and the petitioners were arrested. During the investigation, Siddiq, petitioner, led to the recovery of blood--stained hatchet while Aziz, petitioner, led to the recovery of shoes and chaddar, both blood-stained, which belonged to the deceased. A blood-- stained chaddar worn by Wahid liakhsh petitioner, was also removed from his person by the Investigating Officer. The hatchet allegedly got recovered by Siddiq, petitioner, has been found to be stained with human blood by the Chemical Examiner.
4. Learned counsel for the petitioners had submitted that he does not want to press this petition so far as it concerns Siddiq, petitioner. The bail petition to the extent of Siddiq, petitioner, therefore, stands dismissed.
5. Learned counsel for the petitioners has argued that the extrajudicial confession is false, in the first place, and is also inadmissible as the same is "joint" one; that there is no direct evidence against the petitioners, and that the material so far collected during the investigation is insufficient to connect them with the crime. Learned counsel for the' State has vehemently opposed the grant of bail to the petitioners.
6. I have heard the arguments advanced by learned counsel for the parties and also perused the record. In this case direct evidence is badly wanting. The recoveries alleged to have been made from Wahid Bakhsh and Aziz, petitioners, do not appear to be of any consequence since the articles were not sent to the Chemical Examiner to establish that they were stained with human blood. As far as Sharif petitioner, is concerned no incriminating article has been recovered from him. The extra-judicial confession is the only available evidence against, Aziz, Sharif and Wahid A Bakhsh. It is not corroborated by some other piece of evidence. I think, the case of the petitioner is certainly one of further inquiry. I, therefore, accept this petition to the extent of Aziz, Sharif and Wahid Bakhsh, petitioners. They should be released on bail subject to their furnishing a bond in the sum of Rs.
20,000 (rupees twenty thousand only) with two sureties in the like amount each to the satisfaction of Assistant Commissioner/Ilaqa Magistrate, Dera Ghazi Khan.