' CH. MUHAMMAD NASIM, J.---Mr. Abdul Qadeer Bhatti, Senior Superintendent of Police, Multan got recorded F.I.R. No, 94 dated 19-2-1995 at 12-30 p.m. Under sections 392, 186, 324, 353, P.P.C. Read with section 13/13-A, Arms Ordinance, 1965 with the allegations that he along with Muhammad Amin Constable, Abdul Ghaffar, Constable each armed with Shot Machine Gun and Noor Muhammad Constable armed with Tear Gas Gun was on "Gashat" of the city in Jeep No,444/MNP at 11-15 a.m. He reached near Muslim Commercial Bank, Nishtar Morr, Bahawalpur Road, Multan. He heard the Emergency Alarm of the said Bank. He saw that two persons, one armed with Klashnikov and the other with pistol, were standing at the gate of the Bank. He along with his subordinate alighted from the Jeep. Both the aforesaid persons called their colleagues in loud tone by expressing that the police has arrived and that they may come out. One person armed with Klashnikov and two persons each armed with pistol came out of the Bank and they started firing at the police party. They were challenged. The firing was also effected by the police party. One Aslam received the fire shot who died and the same fate was met by another person named as Ramzan.
The remaining accused went on effecting the firing. One accused ran towards Nishter Hospital, who was injured by Muhammad Amin and Abdul Ghaffar, Constables but he made good his escape.
The other accused named as Zaigham Abbas was arrested who was armed with .30 bore pistol.
The amount was recovered from the dead body of Muhammad Aslam.
2. During the investigation it transpired that the dacoits had passed the night in the house of Ahmad Jamal petitioner. The police started search for him, but he absconded. He is said to have made his confession before Malik Qadir Bakhsh and Khadim Hussain P. Ws. Each resident of Mauza Qasim Baila on 6-3-1995 wherein he expressed that his relative Muhammad Aslam arrived along with Zaigham Abbas, Muhammad Ramzan, Javed and Jahangir on the previous evening when each of them was armed with lethal weapon who had expressed before him that they were unemployed, that they have to commit the offence of decoity in some Bank who would pay him 1/6th of the money and that he should harbour them and should give his Suzuki Car No,7462/GAC.
He continued that he agreed that five persons went out along with the Suzuki Car and that in the night told him that they had selected Muslim Commercial Bank at Nishtar Morr, Multan. Thereafter they took his car. He was waiting for them. Javaid and Jahangir arrived back in injured condition and intimated that Zaigham Abbas had been arrested by the police while Aslam and Ramzan had been killed by the police.
3. The bail plea of this petitioner has been rejected by the Judge, Punjab Special Court No, VI, Multan and Bahawalpur Divisions and he has filed this petition before this Court for his admission to bail.
4. We have heard the learned counsel for the petitioner as well as learned State Counsel and gone through the record before me. The contention of the learned counsel for the petitioner Ahmad Jamal is that there is the only evidence of extra-judicial confession comprising the statements of Malik Qadir Bakhsh and Khadim Hussain which is the weak type of evidence even during the trial and that without corroboration of the same the involvement of this petitioner is a question of further inquiry. On the contrary learned State Counsel referred to the conduct of abscondence of Ahmad Jamal petitioner as well as the alleged extrajudicial confession attributed to him and canvassed that it is not a case for the admission of Ahmad Jamal petitioner to bail especially when the case is that of alarming and heinous nature. We, however, feel that the involvement of Ahmad Jamal petitioner is a question of further inquiry and that he is entitled to be admitted to bail. The abscondence of the accused cannot be treated as a corroborative piece of evidence. Due to the fear of coercion, which sometimes is effected by the police in such type of cases, the accused person(s) try to hide themselves to save the skin. This aspect of the matter is ignored even on the initial stage. Then remains in the field the solitary ingredient of the aforesaid alleged extra-judicial confession of Ahmad Jamal petitioner/accused which without cogent corroboration is not enough to bring the case of the prosecution against this petitioner within the purview of prohibitory clause so as to disentitle him to the concession of bail. No evidence has been collected by the police as to in whose presence any conspiracy was made or in whose presence the car was delivered for the alleged consideration of payment of 1/6th amount to be collected during the dacoity process. With the scanty material collected by the prosecution and to be produced during the trial, the question that Ahmad Jamal petitioner/accused allegedly abetted his co-accused shall have to be considered during the trial in detail and this aspect of the matter has stolen the eminence to make us hold that the involvement of the petitioner under section 109, P.P.C. As expressed above, is a question of further inquiry. The relationship of Ahmad Jamal petitioner with Muhammad Aslam accused (killed during the occurrence) is nothing enough in the matter to connect with the occurrence. Hence we do not agree with the learned State Counsel who canvassed that this petitioner involved in a case of heinous and alarming nature is not entitled to be enlarged on bail.
5. We, therefore, accept this application and admit Ahmad Jamal petitioner to bail in the sum of Rs,2,00,000 (Rupees two lacs only) with one surety in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.