AFTAB vs THE STATE
The applicant sought pre-arrest bail in a criminal case involving the murder of his two sisters, registered on behalf of the State. The core legal question was whether the applicant was entitled to pre-arrest bail when the primary evidence against him consisted solely of a co-accused's confessional statement. The Sindh High Court held that a confessional statement of a co-accused is a weak type of evidence that requires further corroboration, and in the absence of other connecting material at this stage, the applicant made out a case for bail. The court confirmed the pre-arrest bail previously granted to the applicant, laying down the principle that a co-accused's confession alone is insufficient to deny bail without supporting corroborative evidence.
- Is the confessional statement of a co-accused considered sufficient evidence to deny bail without further corroboration?
- Whether an accused is entitled to pre-arrest bail when the sole prosecution evidence against him is a co-accused's confession?
ORDER
1. ' MUHAMMAD MOSA K. LEGHARI, J.---The applicant is seeking bail, being involved in murders of his own sisters namely Rukhsana and Farhana as per report lodged on behalf of the State by SIP Muhammad Akram on 4-1-2007.
2. ' Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the case along with his father and that there is no evidence against him except the confessional statement of co-accused.
3. ' Learned Assistant A.G. Has however opposed the grant of bail but has not been able to controvert the above position.
4. ' The contentions raised have been considered and the material placed On record has been perused.
5. ' Initially the F.I.R. Was registered by co-accused Muhammad Qasim regarding the murder of his daughters. Subsequently the instant F.I.R. Was registered on behalf of the State in which the 'present applicant was shown as accused along with his father Muhammad Qasim and one Babu.
6. At the moment, the prosecution does not have any evidence against the present applicant except the confessional statement of co-accused. Needless to say that it is a weak type of evidence requiring further corroboration. The applicant is accordingly entitled to grant of bail.
7. ' In the circumstances, the pre-arrest bail granted to the applicant is confirmed.