Mst. Aysha and her daughter Mst. Sughra were murdered. It was an unwitnessed crime and after about one day, the residents of the Mohallah became suspicious and then they discovered that the murder had been committed. Since it was an unwitnessed crime, therefore, nobody could be arrested. But during the investigation, before Shah Muhammad, Lumbardar and Muhammad Ramzan, petitioner Arshad made an extra-judicial confession, in which, he named Muhammad Inayat, Muhammad Saeed and Sabir Hussain, as the responsible for the commission of crime, who during the course of committing Haraba, had murdered both the women.
2. The perusal of extra-judicial confession made by the petitioner Arshad j Hussain, shows that it is exculpatory. He had joined Muhammad Inayat, Sabir I Hussain and Muhammad Saeed and had come back from the scene of occurrence A on account of fear. The extra-judicial confession made by Arshad Hussain petitioner also shows that after the occurrence, all the accused had come to his Baithak where the looted money was distributed and Arshad Hussain, petitioner, was forcibly given Rs.500. The extra-judicial confession was made or. 17th of January, 1989 but the petitioner was arrested on 17th of February, 1978.
3. During the course of investigation, no other evidence was collected against the petitioner.
Arshad Hussain to connect him with the commission of crime. Obviously, this is a case of further enquiry and falls within the purview of section 497 (2) of the Cr.P.C. Accordingly, I direct that the petitioner shall be released on bail provided he furnishes security in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the learned Addl: Sessions Judge seized of the trial.
SA./A-668/L