This is an application by Nawab and Kalu, petitioners for grant of bail. They are accused along with Amanat, of an offence under section 302/34 P. P. C. For the murder of Rashid. Their earlier bail application (Crl. Misc. No. 2826/B/74) was rejected by me on 23-9-1974. At that time the investigation had not yet been completed and there was likelihood of further evidence coming against them. Now that the investigation has been completed and the challan has been submitted, the petitioners have again applied for their bail on the strength of the observation of the Supreme court in Amir v. Stage (PLD 1972 SC 277) to the effect that if any benefit of doubt arises, it must go to the accused even at bail stage.
2. The only evidence against them is that of extra judicial confession made by Kalu before Kamal Din P. W. 1 and Dost Muhammad P. W. 2. 3, I have gone through the statements with the help of the learned counsel for the petitioners who has pointed out that the extra judicial confession even if believed, does not involve the petitioners in an offence under section 302, P. P. C. Because what they are alleged to have stated is that their co-accused Amanat had fired and killed Rashid, deceased, without there having been any plan or conspiracy about it and that the petitioner are merely said to have disposed of the body of the deceased after the murder and can only be said to have committed an offence under section 201, P.P.C.Moreover, it is admitted by Kamal Din P.W.
That they i.e. The P.Ws. Had intimidated the petitioners with dire consequences and that the accused (petitioners) made the alleged extra judicial confession under fear. The learned counsel for the petitioners contended that the alleged extra judicial confession is, therefore, hit by section 24 of the Evidence Act. On going through the statement. I feel that in this case the accused/petitioners deserve to be given the benefit of doubt arising from the above-noted facts, even at bail stage in accordance with the observations of the Supreme Court in Amir's case. The petitioners are, therefore, granted bail in the sum or Rs. 20,000 (Rupees twenty thousand) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Chunian.