1. ' A case is registered against the petitioners and two others, namely, Riaz and Nazar (on bail) under section 364/302, P. P. C. On the 12th November 1976 respecting the occurrence which took place eight months before. The background is that Qadir Bakhsh complainant, who is father of Ibrahim deceased, eight months after the alleged occurrence lodged a report under section 364, P. P. C.
2. About the disappearance of his son Ibrahim. Section 302, P. P. C. Was subsequently added, It may be said at the outset that the dead body of Ibrahim deceased was never found or recovered. As is evident the F. I. R. Was lodged eight months after the alleged occurrence. There is no eye-witness of the occurrence. The narrative given in the F. I. R. Is that Ibrahim deceased used to work as a personal servant of Manzoor petitioner when Bashir petitioner had terminated his services on account of anger. Manzoor petitioner is stated to have taken away Ibrahim deceased with him in order to get the sugarcane crop cut. Thus, according to the narrative given by Qadir Bakhsh complainant Ibrahim deceased was last seen with Manzoor petitioner, his employer and thereafter he disappeared. Qadir Bakhsh complainant states that Manzoor petitioner, went on giving him the salary of Ibrahim deceased for a period of six months and then subsequently when Qadir Baksh inquired from him about the whereabouts of his son, Manzoor petitioner told him that he did not know where he was. Thereafter, it is stated in the F. I. R. Qadir Bakhsh became convinced that Ibrahim deceased had been abducted and murdered by the petitioners and their two co-accused as they were cloEely related to one another, and that the deceased was murdered, because Bashir petitioner had a suspicion that he had illicit relationship with Mst. Naziran, sister of Bashir petitioner.
3. ' As is evident, there is no eye-witness of the occurrence. Chappal of the deceased is stated to have been recovered from Riaz co-accused, who is admitted to bail, churri was recovered from Bashir petitioner, but it is not stained with blood. No recovery could be effected from any other of the accused persons. The Police Officer, who has brought the record, has read before me the alleged extra-judicial confessions stated to have been made by Manzoor and Bashir petitioners in the presence of Muhammad Taj and Allah Bakhsh implicating themselves in the commission of crime. The evidence pertaining to the extra-judicial confessions opens with the statement that Muhammad Taj and Allah Bakhsh had joined the police for the purpose of investigation of this case and while Manzoor and Bashir petitioners were in the police custody, they stated to the aforementioned witnesses as to how they had committed the murder of Ibrahim deceased.
4. Needless to say that the statements of Muhammad Taj and Ali Bakhsh were recorded under section 161, Cr. P. C. On the 26th of October, 1977 whereas the case against the petitioner was registered on the 12th of November, 1976. I do not wish to comment upon the evidence which has so far been collected by the Investigating Agency in this case. But in the light of what has been stated above, I am of the view that there are not sufficient grounds for holding at this stage that the petitioners may have committed an offence which is punishable with death or imprisoment for life.
5. In that view of the matter, I admit them to bail subject to their furnishing security in the sum of Rs.
6. 25,000 (Rupees twenty-five thousand only) with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Leiah.