M. NAEEMULLAH KHAN SHERWANI, J.~ ln Chak No. 36 there took place an occurrence on 29.3.1998 at 9. p.m. Abdul Qayyum son of Noor Muhammad had left his house and was later seen in the company of one Pervaiz and thereafter his whereabouts were not known. Noor Muhammad, father of said Abdul Qayyum set the police functionaries into motion by getting case FIR No. 84 under Section 364, P.P.C, registered with Police Station Saddar Sargodha on 13.5.1998. Later on Sections 302 and 201, P.P.C, were added to the list of offences by the police during the course of investigation. Pervaiz, Riaz, Idris and IIyas were named as accused in the first information report. As the time passed on, it was on 15.5.2000 that the police recorded statements of the complainant and two witnesses, namely, Muhammad Barik and Zaheer Ahmed, It was pertaining to the alleged extra-judicial confession of Pervaiz, Umar Draz, Azhar and Sikandar Hayat. Petitioner, could be arrested by the police on 26.5.2000 after about 27 months of the occurrence. Petitioner preferred his application for the grant of bail after arrest before the learned Sessions Judge, Sargodha, which was made over to a learned Additional Sessions Judge, for its disposal in accordance with law. The said learned Addl.
Sessions Judge declined this relief to the petitioner by virtue of his Order dated 23.10.2000. Now through the instant petition he seeks same relief from this Court.
2. Learned counsel for the petitioner and learned counsel for the complainant, assisted by learned counsel for the State have been heard at length. Admittedly, name of the petitioner does not figure in the first information report. He could be arrested by the police during the course of Investigation on the basis of joint extra-judicial confession. Recoveries, if any at his instance are redundant in nature, ln my view case of the petitioner falls within the ambit of further inquiry. Expression of opinion has been avoided on different pieces of evidence, lest it may prejudice case of either side.
3. Resultantly, I direct that the petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with two sureties each in the like amount to the satisfaction of Trial Court.
4. Petitioner shall make himself available before the Trial Court on all dates of hearing of this case.
Any lapse on his part will disentitle him to enjoy this concession any further.