' Applicant Samiuddin Rehmani a ias Tinno, who is associated as one of the accused in F.I.R.
No,277/90 of P lice Station Joharabad registered on 28-5-1990 under section 302/34/427 o P.P.C., seeks bail after a similar application for bail is rejected by learne Sessions Judge (Central) Karachi on 25-1-1993.
' Complainant Tariq Mohsin Siddiqui, son of late Senator Mohsin Siddiqui stated in his F.I.R., that his late father was very much perturbed over innocent killings of women and children in Joharabad.
For that purpose, Senator Muhammad Mohsin Siddiqui who desired to meet the Governor Sindh in that behalf, left in his car alongwith his driver Rustam Khan and gunman Manzoor Hussain. At 13-00 hours the driver Rustam Khan came to the house and informed the complainant that in the area of Police Station Joharabad, unknown persons had fired at the car, resulting into the death of Mohsin Siddiqui. The driver also gave details of the place and the manner in which the culprits had fired at the said car. This was virtually a blind F.I.R. As the names of the assailants who were unidentified could not be given.
' The arrest of the applicant was shown to be on 27-12-1992, which fact is reflected in judicial confession subsequently given by the applicant before A.C.M.-IV, Central, Karachi.
4. I have heard the learned counsel of the parties and perused the record. What transpires from the record, is that the date of arrest of the applicant as on 27-12-1992 is false and fabricated. In fact, a telegram dated 17-12-1992 was sent to the learned Chief Justice of High Court of Sindh by Mst.
Ishrat Fatima Rehmani, the mother of the applicant herein, in which she stated that her son Samiuddin was missing since 7-12-1992 and that on coming to know that her son was confined at Police Station Liaquatabad, she went and confirmed the said fact but was not allowed by the S.H.O.
To speak to her son or even disclose the nature of offence in which applicant was involved. On this telegram the learned Chief Justice on 18-12-1992 ordered as under:-- ' Registered under section 419, Cr.P.C. Fixed in Court on 23-12-1992 at 11-00 a.m. With notice to A.-G.
Who may direct S.H.O., Liaquatabad to produce detenu. Notice also to applicant."
5. The grievance of the applicant's mother was considered by a learned D.B. Of this Court and from the documents produced it seems that such telegram sent by applicant's mother was heard on 18- 1-1993, 19-1-1993 and 21-1-1993 and on the last date it was finally disposed of. The perusal of the orders passed on these dates clearly shows that till 21-1-1993 S.H.O. Bahadur Ali of Police Station New Karachi made contradictory statements against whom an action under law was deferred but detention of the applicant was found to be illegal. But since it was shown that applicant was arrested in Crime No,277/90 of Police Station Joharabad in respect of the murder of Senator Mohsin Siddiqui and on the basis of statement of the learned Advocate appearing in that matter that he would move or has moved the Court having jurisdiction for grant of bail, Criminal Miscellaneous Application No,1240 of 1992 on the basis of telegram sent by applicant's mother was disposed of.
6. The evidence against the applicant seemingly is, that he gave judicial confession on 27-12-1992 and had also given extra-judicial confession before one S. Muhammad Shah with wham applicant had travelled from Quetta after the commission of the incident. This extra judicial confession the applicant is alleged to have made on 26-12-1992.
The arrest of applicant was made, in fact, much prior to 27-12-1992 and probably it was on 7-12- 1992 as was mentioned by applicant's mother in her telegram. The confession in these circumstances seems to be inordinately delayed and extorted having tortured applicant at different police stations. The confession is further exculpatory. The learned Advocate appearing for the State who opposed grant of bail conceded that no incriminating articles was recovered from him nor any identification of the applicant through the driver or gunman was held. In the circumstances, no reasonable grounds exist to believe that the applicant has committed the offence with which he is charged and his case in my view is of further enquiry and I am inclined to grant him bail. The applicant shall be released on bail if he furnishes one surety in the sum of Rs,2,00,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.