MUHAMMAD BABAR ABBAS vs STATE and anothers
The petitioner, Muhammad Babar Abbas, sought post-arrest bail in case FIR No. 1149-2014 registered under Sections 302, 109, and 34 of the Pakistan Penal Code 1860 at Police Station Ghulam Muhammad Abad, Faisalabad. The core legal question was whether the petitioner was entitled to post-arrest bail when the sole evidence connecting him to the crime was a joint extra-judicial confession of a co-accused. The Lahore High Court held that a joint extra-judicial confession is the weakest type of evidence and is generally inadmissible, thereby bringing the petitioner's case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Court accepted the petition and admitted the petitioner to post-arrest bail, establishing that the reliance solely on a joint extra-judicial confession warrants the grant of bail pending trial.
- Is a joint extra-judicial confession of a co-accused sufficient to deny post-arrest bail?
- Whether the availability of only a joint extra-judicial confession brings a case within the scope of further inquiry?
- Under what circumstances can an accused facing a charge under Section 302 PPC be granted post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' The petitioner, Muhammad Babar Abbas seeks his post arrest bail in case FIR No, 1149-2014 dated 26.09.2014, under Sections 302, 109, 34, PPC, registered at Police Station, Ghulam Muhammad Abad, Faisalabad.
2. The police official in attendance has submitted report which reflects that service upon complainant was effected, personally but today nobody is in attendance on behalf of complainant and this Court has left with no other option except to decide the petition in hand.
3. Arguments heard and record perused.
4. The case was registered against two unknown accused persons. The only evidence available against the petitioner is in the shape of joint extra judicial confession of co-accused which is weakest type of evidence and same is not admissible in the eyes of law, which makes the case of petitioner one of further inquiry. The learned Law Officer has frankly conceded before this Court that except, joint extra judicial confession, no evidence is available against the petitioner. The petitioner is incarceration since his arrest and keeping the petitioner behind the bars would not serve any useful purpose for the prosecution at this stage.
5. For what has been discussed above, by accepting the petition in hand, petitioner is admitted to post arrest 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 learned trial Court.