By this order I intend to dispose of Criminal Bail Application filed on behalf of the applicant Muhammad Raheem son of Shabbir Ahmed, in case Crime No,28 of 1997, registered at P.S. Orangi Town for an offence under section 302/34 P.P.C. The bail plea of the applicant was declined by the learned IIIrd District Sessions Judge Karachi West. The prosecution story as unfolded in the F.I.R is that on the eventful day Complainant Ins ,ector Peer Munawar Shah of P.S. Orangi Town lodged F.I.R bearing No,20 of 1997 the details whereof are shown as under:-- At present one Abdul Ghani son of Haji Muhammad Hussain, resident of H.No,259, Shah Faisal Colony, Mohallah No,2, Goth Sector A, Orangi Town, informed on telephone that a dead body of a male person is lying near hill of Baloch Goth graveyard. An officer be sent for necessary action. The said information was reduced in writing and the same be conveyed to S.H.O. Through set to his APC. The copy of the report was sent to S.H.O. For investigation by hand of PC Aslam-1907." The investigation followed in due course the applicant was sent up to stand trial before the competent Court of law.
It has been contended by the learned counsel for the applicant that there is nothing on record against the present applicant excepting the self-exculpatory confession of the applicant. Thus the self-exculpatory confession of the appellant has no evidentiary value. It has held in Pqrvaiz Iqbal v.
The State PLD 1976 Karachi 583 that self-explanatory confession cannot be regarded as confession and it is of little value even, against its maker. It has further been contended that incident took place on 11-3-1997, whereas the accused/applicant was arrested on 13-3-2002 i,e, after delay of about 5 years without any evidence and as such the case of the present Applicant falls under section 497(2), Cr.P.C. Learned counsel for the applicant has also referred to the case-laws, which are as follows: -
1. Wasim v. The State (2003 CrLJ 743)
2. 2002 YLR 64.
3. Pir Mazharul Haq v. The State,(1992 PCr.L.J 1910) As against the arguments of the learned counsel for the applicant learned counsel for the State Ms. Rehana Akhtar objected to the grant of bail on the ground that the only piece of evidence against him is exculpatory confession and the same is sufficient for refusal of hail.
I have considered the arguments of the respective parties and perused the record. I feel that learned counsel for the applicant has been able to make out a case for bail, which is granted provided he furnishes surety in the sum of Rs,200,000 and P.R. Bond in the like amount to the satisfaction of the trial Court, Cr. Bail No,1501 of 2003 stands disposed of as such.