Pir Bakhsh complainant got recorded F.I:R. No.1 dated 1-1-1995 at Police Station Bhong, District Rahimyar Khan under section 302/201, P.P.C. With the allegation that his sister Mgt. Anwar Mai was married to Gaman 20 years before and lived in Tehsil Sadiqabad, District Rahimyar Khan. 6/7 days before he had gone to his sister Mst. Anwar Mai in the company of Ahar and Imam Bakhsh P.Ws. His said sister was not present. He was told by her husband Gaman that she had incepted her illicit relations with one Naban who was taken as "Kali" by the tribe but she lived alongwith him in his house. Gaman also told that this fact was objected to by the persons of the area. Thereafter 6/7 days before his son Ikhtiar (petitioner-accused), a step-son of Mst. Anwar Mai, strangulated her to death and threw her dead body in the river which floated away. Thereafter Ikhtiar petitioner- accused is said to have made his confession before Pir Bakhsh complainant as well as Ahar and Imam Bakhsh P. W s. The matter was reported to the Sardar of the tribe and thereafter to the police.
2. On the basis of the aforesaid extra judicial confession of Ikhtiar petitioner-accused he was arrested on 7-1-1995. Ahar and Imam Bakhsh P.Ws, got sworn in their respective affidavit to the effect that no confession was made by Ikhtiar petitioner before them. The petitioner filed the application for his admission to bail before the Court of Session at Rahimyar Khan which has been dismissed. Hence this petition with the same desire.
3. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. It is specifically narrated in the order dated 1-6-1995 passed by the Sessions Judge, Rahimyar Khan that the affidavits of Ahar and Imam Bakhsh P.Ws.. Exonerating the petitioner-- accused have been filed. However, he expressed the opinion that in view of the fact that Pir Bakhsh complainant was still supporting the prosecution case, Ikhtiar petitioner is not entitled to be admitted to bail. In my view Pir Bakhsh complainant may be hesitant being afraid of the application of section 1821, P.P.C. Against him. The solitary ingredient of extra judicial confession, even if taken into account in toto, is not enough to prove as a barrier against the petitioner for his admission to bail. However, in the instant matter, two P.Ws out of three P.Ws. Have got sworn in affidavits to the effect that Ikhtiar petitioner did not make the confessional statement before them.
Thereafter I have no option but to agree with Haji Shamas-ud-Din Khan, Advocate for the petitioner who canvassed before me that the involvement of Ikhtiar petitioner accused is that of further inquiry and, as such, he is entitled to be admitted to bail. Learned counsel for the State has not been able to bring to my notice any point to make me hold that the petitioner is not entitled to be admitted to bail and has to be retained in jail.
4. For what has been said above, I accept this application and admit Ikhtiar petitioner to bail in the sum of Rs.25,000 (Rupees Twenty-five Thousand only) with one surety in the like amount to the satisfaction of the Sessions Judge, Rahimyar Khan.