FALAK SHER Versus STATE
ORDER
MUHAMMAD ASIF JAN, J. ‑‑ Falak Sher petitioner aged about 25 years was arrested on the 1st of March, 1998 in pursuance of a case registered vide F.I.R., No.319 of 1997, dated the 30th of December, 1997, at Police Station Farooq Abad of District Sheikhupura, under section 302/392/ 460/109, P.P.C., regarding an occurrence which allegedly took place on the night of the 29th of December, 1997 in a house situated in Mohallah Nizampur situated on the Lahore Sargodha Road, at a distance of about 2 Kilometres from Police Station Farooq Abad of District Sheikhupura where the F.I.R., was lodged on the 30th of December, 1997 by one Bashir Ahmad, regarding the death of four persons, namely, Muhammad Shafi, his wife Mst. Hamidan, their son‑in‑law Maqool and their daughter Rehana Kausar. This unfortunate killing is not witnessed by anybody. Since the occurrence itself is unwitnessed, there is no evidence either ocular or indirect to connect the petitioner with the death of aforementioned four persons.
2. Learned Assistant Advocate‑General has referred to an extra judicial confession said to have been made by some accused persons wherein Falak Sher petitioner is not assigned any role. As a matter of fact he is not even mentioned and they claim that the weapons were provided by Falak Sher. What is the legal and' evidentiary value of this extra judicial confession is a matter upon which we do not want to comment and leave it on the Trial Court to draw its own conclusion. Prima facie, reasonable grounds to believe that Falak Sher petitioner is guilty' of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. At best, the case against the petitioner may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C., which entitles him to the grant of bail.
3. Resultantly, the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the Trial Court.
H.B.T./F‑86/L Bail granted.