This is an application under section 498 of the Code of Criminal Procedure for bail.
2. The facts, as stated in the petition are these. On the night between 6th/7th May 1970, one Niaz Muhammad was mur--dered in mauza Kaudewalli, within the jurisdiction of Kot Samaba Police Station, District Rahim Yar Khan. On these allegations, a case under section 302 of the Pakistan Penal Code was registered vide First Information Report No. 56 of 1970, at the said police station at 9-30 a. m. On 7th May 1970, at the instance of Chaudhary Sultan Ahmad. In the course of investigation, the police arrested Ghulam Shabbir, who confessed before Abdul Karim and Sar Buland P. Ws., that he had murdered Niaz Muhammad. After the investigation was complete, Ghulam Shabbir was remanded to judicial custody. Later on, the com--plainant, it is alleged at the instance of the rival political oppo--nents of the petitioners made an application for the transfer of the investigation to the Police Chief of the District and the investigation was entrusted to C. I. A.
Police, Rahim Yar Khan. C: I. A. Police, it is alleged, secured the person of Ghulam Shabbir from the jail on the plea that he was wanted in a theft case and produced him before the Magistrate, wherein he con--fessed his guilt stating that he had committed the murder of Niaz Muhammad along with Munawar Hussain, Allah Rakha and Muhammad Hussain petitioners.
3. Mr. Nusrat Ali, Advocate, has appeared suo motu on behalf of the complainant and has read out the judicial confession of Ghulam Shabbir made before the Magistrate on 27th June 1970. He stated that Ghulam Shabbir in the earlier extra judicial confession made before Abdul Karim and Sar Buland P. Ws. Did not implicate Munawar Hussain, Allah Rakha and Muhammad Hussain petitioners.
In the confession read out to me shows that no active part has been attributed to Munawar Hussain. This confession was recorded after one month and 20 days.
4. Admit Notice to the State for 3-8-1970. Meanwhile, Munawar Hussain petitioner is admitted to ad interim bail, pro--vided he furnishes bail bond in the sum of Rs. 20,000 (rupees twenty thousand) with one surety in the like amount to the satis--faction of the Assistant Commissioner, Rahimyar Khan.
14-7-70(Sd.) Shaukat Ali, J Muhammad Munir Khan for Petitioner.
Muhammad Anwar Shah, Inspector C. I. A. Bahawalpur with Sh. Tanvir Ahmad for the State.
Mian Nusratullah for the Complainant.
This order may be read in continuation of my order dated the 14th July 1970. It is stated by the learned counsel for the state that except the judicial confession of the co-accused, there is no other evidence to connect the petitioners with the alleged murder. As observed earlier, this judicial confession was recorded after one month and twenty days and in the earlier extra-judicial confession during the investigation the co-accused did not impli--cate the petitioners. Apart from this, the co-accused had retracted from his confession and had submitted an application to the District Magistrate, Rahimyar Khan, through the Superintendent Jail that the confession was made under coercion and torture by the police.
2. Considering all the circumstances of the case, in my opinion, it is a fit case for bail. Munawar Hussain was admitted to ad interim bail by my order dated 14th July 1970. His bail is confirmed.
Allah Rakhia and Muhammad Hussain are admitted to bail in the sum of Rs. Twenty thousand each, with one surety each, in the like amount to the satisfaction of the Assistant Commissioner, Rahimyar Khan.