The petitioner Aamir alias Ahmad Mushtaq is asking for his post-arrest bail in case F.I.R. No,61 dated 8-2-2002 registered under section 302/34, P.P.C. at Police Station Khurrianwala District Faisalabad.
2. According to learned counsel for the petitioner, the petitioner is not nominated in the F.I.R. and has been found innocent in three successive investigations and he refers to one of the Zimnis in this connection recorded by the A.S.P/S.D.P.O Jaranwala dated 20-6-2002.
3. This appears to be a blind murder. Razzaq a boy aged about 12 years, who was the nephew of the complainant, went out of his house and subsequently two days later his dead body was found in a field of wheat and injury on his neck was also discovered and the complainant suspected that some unknown persons after committing sodomy with him had killed him.by strangulating his neck.
4. The petitioner, it appears, was subsequently implicated in the case on the basis of last seen evidence which allegedly had been created belatedly to implicate the petitioner as no mention of this was made in the F.I.R. registered thereafter. That another piece of evidence against him is said to be an extra-judicial confession. He was arrested on 3-3-2002 which is after about three weeks from the date of the occurrence.
5. When the police after holding him innocent, moved for his discharge, the Ilaqa Magistrate refused to discharge him.
6. Learned counsel for the petitioner states that extra-judicial confession is not believable because the person to whom it is made was closely related to the complainant side and that at the time of recording the statement under section 161. Cr.P.C. there was no mention of the extra-judicial confession.
All the circumstances put forth before this Court and briefly mentioned above do make this case one of further inquiry as far as the guilt of the present petitioner is concerned. Consequently, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the trial Court.