MUHAMMAD RAMZAN Versus STATE

ORDER

The petitioner Muhammad Ramzan is seeking bail after arrest in case, F.I.R. No.38 of 1995 dated 18-2-1995 registered at Police Station Luddan, Vehari under section 302/201/34, P.P.C., at the instance of complainant Muhammad Murad for an occurrence alleged to have taken place 5/6 days prior to the lodging of the F.I.R. in which the complainant's brother Ahmed Bakhsh got killed due to strangulation.

2. The petitioner was arrested on 6-5-1995. The Sessions Judge Vehari dismissed his application for the grant of bail firstly on 23-5-1995 and then on 8-12-1996. The challan has been submitted against the petitioner and the co- accused Razia Bibi and Muhammad Yar.

3. As per allegations in the F.I.R. the co-accused Mst. Razia Bibi, the wife of the deceased developed illicit relation with Muhammad Yar Sial and, therefore, the co-accused Muhammad Yar Sial with the help of the petitioner strangulated Ahmed Bakhsh and killed him. It is further narrated in the F.I.R. that the co-accused Muhammad Yar Sial and Mst. Razia Bibi made inclupatory extra-judicial confession.

4. I have heard the learned counsel for the petitioner, the State and have also seen the record.

5. It is contended by the learned counsel for the petitioner that there is no motive against the petitioner which is only against the co-accused and there is no other material available on the record as against the petitioner except that of the extra-judicial confession made by the co-accused, the petitioner is behind the bars commenced as yet.

6. The learned counsel for the State has opposed the petition.

7. The only material which is available on the record is in the shape of extra judicial confession of the co-accused and even the motive is not alleged against the petitioner and in these circumstances it is a case of further inquiry as far as the Petitioner is concerned and in view of the abovementioned and also in view of the fact the petitioner is behind the bars for almost last two years, the application is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of trial Court.

N.H.Q./M-345/L Bail granted.