Muhammad Khalid petitioner has challenged the bail granting order passed by the learned Additional Sessions Judge, Mandi Bahauddin in a case F.I.R. No.327 of 1993, dated 18-10-1993 under section 302/148/149, P.P.C. With Police Station Saddar Mandi Bahauddin.
2. The allegations against the petitioner and his co-accused is that in furtherance of their common object they committed the murder of Farooq Shahid deceased in order to deprive him of a sum of Rs.60,000.
3. Learned counsel for the petitioner argued that although there is no direct evidence available on the record but the case of the complainant hinges strong evidence of extra-judicial confession, last seen evidence, recovery and the medical evidence and as such the learned Additional Sessions Judge erred in law while granting bail to the petitioner in a murder case.
4. Learned counsel for the complainant opposed the petition and tried to justify the order passed by the learned Additional Sessions Judge.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record.
6. Jamil Ahmad and Iqbal who according to the prosecution allegedly saw the deceased in the company of the petitioner alongwith motor-cycle appeared personally before the learned Additional Sessions Judge and filed an affidavit to the effect that they never got recorded their statements before the police. With regard to the evidentiary value of extra-judicial confession it has rightly been held by the learned Additional Sessions Judge that it is a very weak type of evidence. The order of granting bail passed by the learned Additional Sessions Judge is well reasoned and the learned counsel for the petitioner is unable to point out any material irregularity and illegality justifying interference by this Court. Resultantly, this petition stands dismissed.