' Sardar All alongwith others was reported against vide F.I.R. No,173, dated 3-11-1994 under section 302, P.P.C. Registered with Police Station, Nadokey District Narowal on the allegation that he and his wife committed the murder of Shaukat Ali, their son-in-law.
2. Learned counsel for the petitioner argued that the petitioner is- not named in the F.I.R.; his name has also not been mentioned in the statement of complainant under section 161, Cr.P.C. On 3-11- 1994; no recovery has been affected and that the only material against the petitioner brought on record is joint extra-judicial confession which according to the learned counsel is not admissible.
He submits that the case of the petitioner, in these circumstances, is one of further inquiry.
3. Learned counsel for the State conversely opposed the petition. He submitted that on being found guilty, the petitioner alongwith others has been challaned and there is sufficient material collected by the Investigating Agency to connect the petitioner with the commission of offence. He, however, conceded that extra-judicial confession is joint.
4. I have heard learned counsel for the parties and have gone through the police file. The D.S.P. Was unable to point out any material available on the file except the joint extra-judicial confession to connect the petitioner with the commission of offence. It is settled law that joint extra-judicial confession is not admissible. Reliance can safely be placed on the case of Muhammad Amin v.
Bashir Ahmad 1983 PCr.LJ 1574. There is no direct evidence and the case of the prosecution prima facie rests on Wajtakkar evidence Furnished by Muhammad Bashir, Abdul Hafeez, Rana Abdullah and Abdul Wahid. In these circumstances, I am of the view that the case of the petitioner falls under proviso (2) to section 497, Cr.P.C. Resultantly, the petitioner is admitted to bail subject to his executing bail bond in the sum of Rs, one lac with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Dutyl Magistrate, Narowal.