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K.L.R. 1998 Criminal Cases 82

MUHAMMAD SAFIAN vs THE STATE

CitationK.L.R. 1998 Criminal Cases 82
CourtLahore High Court
Case No.Cr. Misc. No. 4949/B/1997
Date1997-11-10
Judge(s)Tanvir Ahmed Khan
ResultN/A

ORDER

TANVIR AHMAD KAHN, J.- Petitioner through this application has sought post arrest bail in a case registered vide FIR No. 303/96, dated 11.9.1996, under Sections 302 PPC, Police Station Mustafaabad, Distt. Kasur.

2. The afore-stated FIR was got recorded at the instance of Muhammad Ibrahim with the allegation that his son aged 8/9 years used to go with the goats daily in the fields for grazing purpose. On 6.9.1996, the-complainant's son as usual went to the fields with the goats but did not come back. A thorough search was made and ultimately his dead body was found near the watercourse with to injuries on his head.

3. The petitioner was apprehended on 29.9.1996 on the grounds that his father Rehmat Ali @@@ made confession before one brother in law of the complainant on 26.9.1997 detailing the involvement of his son the present petitioner who in tum took him to Abdul Aziz the brother of the complainant on 28.9.1997 wherein again he confessed the guilt of petitioner.

4. Bail is sought on the ground that apart from extrajudicial confession of the petitioners father there is nothing on record to connect the petitioner with the alleged offence. Takwa allegedly used was recovered on 2.10.1996 from the petitioner but the report hs not yet been received inspite of passage of more than one year. Learned Law Officer has not seriously opposed the grant of bail.

5. I have considered the contentions. I have noticed that the petitioner was arrested on 29.9.1996 in view of the extra judicial confession of petitioner's father Rehmat Ali before near relatives of the deceased. The recovery of alleged Takwa at this stage cannot much advance the case of the prosecution as its report inspite of passage of more than one year has not been received.

Petitioner is in jail for the last more than one year. In these circumstances I admit him to bail provided the furnishes bail bonds in the sum of Rs. 30,000/- with to sureties each in the like amount to the satisfaction of the Judicial Magistrate concerned.

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