MUHAMMAD ASIF JAN J.- Nasir Akhtar aged about 25 years was arrested on 2.6.1998 in pursuance of a case registered against him and some others vide FIR No. 97/98 dated 28.4.1998 registered initially under Section 324 PPC to which subsequently Section 302 PPC was added on 29.4.1998 upon the death of deceased in Mayo Hospital Lahore. The report relates to an occurrence which took place on 28.4.1998 at about 3.00 a.m. Which was reported by the first informant Muhammad Khalid on the same day at about 4.30 p.m.
2. According to complainant/first informant Khalid, he found Shabhir deceased in a seriously injured condition and took him to Mayo Hospital Lahore in Suzuki van where the deceased admitted and where he died on the next day.
3. The petitioner is not named in the FIR. According to complainant Khalid, Shabhir deceased told him that he had been find, at by two unknown assailants and the only evidence presently available against the petitioner is an extra-judicial confession said to have been made by co-accused Muhammad Khalid to Barkat, the unfortunate father of the deceased.
4. I am refraining from commenting upon the evidentiary value of extrajudicial confession and leave it for the trail Court to draw its conclusion after recording evidence.
5. Prima facie reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or 10 years do not seem to exist. The case against the petitioner may be a matter of further inquiry within the meaning of Sub-Section (2) of Section 497 Cr.P.C, which entitled him to the grant of bail.
6. Resultantly, the petitioner is granted bail provided he furnishes bail bond in the sum of Rs.
50,000/- with two sureties in the like amount to the satisfaction of the trial court.