1. Granted.
2. The applicant though not named as an accused in F.I.R. No.34/91 of P.S. Saddar Jacobabad was however arrested on 9-5-1991 and joined as an accused. He moved a bail application before the Sessions Judge Jacobabad which by order, dated 16-12-1991 was dismissed by the IInd Additional Sessions Judge, Jacobabad.
It is in the F.I.R. That on the date of incident the complainant, alongwith his brother Ghulam Rasool, cousin Haji Afzal, son Amir Bux and Haji Wali Muhammad were returning back to their village from Jacobabad. At about 10-00 p.m. When they reached at Bachal Wah, two persons suddenly emerged and challenged Ghulam Rasool saying that he would not be spared. On the torch light, the said culprits were identified to be Guloo Jatoi armed with knife and Attur armed with hatchet.
They both allegedly gave injuries to Ghulam Rasool who subsequently died. The F.I.R. Was registered on the next day under section 302/34, P.P.C. The applicant was arrested on 9-5-1991 whereafter his bail application moved before the lower Court was rejected it is contended by the learned Advocate that the name of the applicant does not appear in the F.I.R. Nor it is shown, that besides the two accused named, there had been any other culprit as well. In so far as the confession of the applicant recorded on 9-5-1991, it is contended that though the police station concerned which was seized of investigation of the case is situated in Jacobabad, but the applicant was taken to Mukhtiarkar Thul where the confession was recorded. It is contended that the version given by the applicant in the confession is quite contradictory to the version in the F.I.R.
In any case the case of the applicant would be of further enquiry and he would be entitled to the grant of bail. In a similar case reported in 1977 P Cr. L J 505 where the name of the petitioner was not mentioned in the F.I.R. Nor implicated by the witnesses in their statements but was granted bail.
Mr. S. Zawar Hussain Jaffri learned AA.-G. Has contended that one Darhoon Jatoi moved an application to S.S.P. Jacobabad on 30-3-1991 in which he stated that the applicant too was the real culprit for the murder of Ghulam Rasool who was erroneously dissociated. This application was marked by the S.S.P. To S.H.O. Concerned who after examining Darhoon arrested the applicant on 9-5-1991 and he volunteered to confess his guilt for which purpose he was taken to a Magistrate who recorded the confession. It has also been argued that after arrest the applicant has produced the knife allegedly used in the commission of the crime. The learned A.A.-G. Has opposed the grant of bail.
Having heard the learned counsel and perused the papers as well as the case-lank referred I find that the name of the applicant is not mentioned in the F.I.R A belated application after 12 days of the F.I.R. Is moved by one Darhoon and it is not known as to how is he concerned with the murder of Ghulam Rasool. This application was enquired into and on the basis of the facts thereof, applicant was arrested. The police seems to have taken no steps to produce the applicant before any Magistrate at Jacobabad and have opted to take him to a place at about 25 miles and produced him before a Revenue A Magistrate who recorded the confession which on perusal is found to be contradictory to the content of the F.I.R. It is specifically mentioned in the F.I.R. That on the torch light two culprits who caused injuries to Ghulam Rasool were distinctly identified to be Guloo and Attur.
The case of the applicant in my view is of further enquiry and I am inclined to grant him bail. He shall be released on bail on furnishing one surety in the sum of ks.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. The trial Court shall not be influenced by any observations in this order.