GHULAM SHABBIR Versus STATE

ORDER

1. Ghulam Shabbir son of Allah Ditta is an accused in case F.I.R. No.69 of 2001 dated 14‑3‑2001, under section 302/34, P.P.C. registered with Police Station Saddar Mianchannu, at the instance of Muhammad Iqbal, for commission of murder of his maternal uncle Muhammad Ramzan.

2. The petitioner was arrested on 7‑6‑2001 and after‑arrest bail was refused to him by the learned Additional Sessions Judge vide order dated 11‑7‑2001.

3. Learned counsel for the petitioner contends that the petitioner was not nominated in the F.I.R. and no evidence has been collected during the investigation to connect him with the alleged crime; that the alleges extra judicial confession made by his co‑accused Muhammad Rafiq cannot be considered and used against the present petitioner and prayed for grant of bail.

4. Conversely, the bail has been opposed by the learned State counsel by arguing that the petitioner was nominated accused in the supplementary statement of the complainant got recorded on 23‑4‑2001; thereafter in a ' Panchayat' covered in the village, the petitioner confessed his guilt alongwith his co‑accused.

5. Heard. Record perused.

6. The supplementary statement was got recorded after a week of registration of criminal case, wherein the petitioner was suspected as an accused by the complainant. During the investigation, no evidence has been collected worth consideration to connect him with the alleged crime. So, the only evidence is of extra judicial confession of his co‑accused, but this cannot be used against the present petitioner. He has been declared innocent by D.S.P. Mianchannu in his investigation, therefore, the case of the petitioner has been made out of further inquiry and I am persuaded to allow this petition and admit him on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.

7. H. B. T./G‑116/L Bail granted.