TAJAMMAL HUSSAIN ANJUM alias PHALO vs The STATE and another

ORDER

ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. the petitioner Tajammal Hussain Anjum alias Phalo has sought bail after arrest in case FIR No,442/2016 dated 30.09.2016 under sections 302, 392, 201, 411, 364, 109, 34, P.P.C., registered at Police Station Rajoa, District Chiniot.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation of evidence is not allowed at this stage. It has been noticed by this Court that there is a delay of about five days in the registration of FIR which has not been explained by the complainant. Although the petitioner has been named in the FIR with the name of Anjum Sedhan yet the facts remains that his full name was mentioned in the supplementary statement dated 01.11.2016 after more than one month of the occurrence. Even the statements of PWs Ashiq Ali and Javed Iqbal under section 161, Cr.P.C. regarding extra-judicial confession of the petitioner and his co-accused have been recorded on 01.11.2016 after about one month of the alleged occurrence and there is no plausible explanation of delay. According to the prosecution, the petitioner has allegedly made a joint confession before the PWs. It is settled law that joint extra-judicial confession is not admissible in evidence and has got no value in the eyes of law. Reliance in this regard is placed on case law titled as "Muhammad Waseem v. The State and others" 2012 SCM R 387" wherein it has been held by the Hon'ble Supreme Court of Pakistan as under;- "The extra judicial confession allegedly made by the petitioner and his co-accused prima facie has the trappings of a joint confession which is inadmissible in evidence."

Even otherwise, extra judicial confession is a weak type of evidence. Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner remained on physical remand but nothing was recovered from his possession. During investigation, the co-accused of the petitioner namely Javed Iqbal and Waris have been declared innocent by the investigating officer. The petitioner was arrested in this case on 29.11.2016, since then he is behind the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more required for further investigation, therefore, his continuous incarceration in jail would not serve any beneficial purpose at this stage.

3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs,1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.