Sh. Atif Munir for Petitioner.
Tariq Murtaza Khan Malizai for the State.
' Muhammad Ashraf alias Bhutto, petitioner, has sought his post-arrest bail in a case F.I.R. No, 146 registered at Police Station Jahania, on 20-5-2000, for offences under sections 392/411, P.P.C.
2. According to the story of the prosecution two unknown persons forcibly snatched the car Registration No, l 635 Karachi belonging to Master Nazar Hussain from the complainant, who was driver of the car.
3. The petitioner was arrested in this case and is in Judicial Lock-up.
4.I have heard the learned counsel for the parties and gone through the record. It has been noticed that the petitioner was not named in the F.1.R. And no test identification parade was ever held.
According to the police record, the sole incriminating evidence available against the petitioner is that he made extra-judicial confessions before the complainant after introducing himself to him as an accused on 16-11-2000 after about 5/6 months of the registration of the case. No recovery was effected from the petitioner. A perusal of the record further shows that although allegedly the petitioner had made extra-judicial confession on 15-11-2000 yet the statement of the P.W. Vis-a-vis extrajudicial confessions were recorded on 16-11-2000. Prima facie it cannot be expected without any cogent reason that why the petitioner would go to the complainant and make an extra- judicial confession regarding the occurrence, as the alleged stolen car had already been recovered from someone else or from some other place. There is no material against the petitioner to implicate him. Whether the petitioner made any volunteer confession before the P.W. Or not would be determined by the trial Court after recording of evidence.
5. For what has been discussed above, the allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C., therefore, I allow this petition and admit the petitioner to bail, subject to his furnishing bail bonds in the sum of Rs, One Lac with one surety in the like amount to the satisfaction of the trial Court.