1987 PCRLJ 2023

Gulzar petitioner has moved this petition for bail in a case registered against him and others under section 364, P.P.C. Section 302, P.P.C. was subsequently added.

2. The prosecution version is that on 25th September, 1985 at about 1 p.m. the petitioner and co‑accused Lal took away Qasim deceased from his Dhari on the pretext of seeing a Mela. Co‑accused Shahabal also joined them on the way. On the following morning Ramzan complainant enquired about Qasim from Gulzar petitioner who told him that he had gone somewhere for some work and would return soon. On 10th October, 1985 Ramzan reported the matter to the police expressing apprehension that Gulzar petitioner and co‑accused Lal and Shahabal had either secretly confined Qasim somewhere or had murdered him.

According to the prosecution, the petitioner and his co‑accused Shahabaz and Lal made extra‑judicial confession before Ghulam Muhammad Nur Ahmad and Mst. Sharifan that they had committed the murder of Qasim deceased and later on the petitioner and co‑accused Shahabal led to the recovery of dead body one after the other from the Dhari of the deceased in the presence of Thiraj and Amin P.Ws.

3. Learned counsel for the petitioner contends that the witnesses of last‑seen, namely, Ramzan, Shah Muhammad and Shahbaz are closely related to the deceased and inimical towards the petitioner and the alleged extra‑judicial confession being a joint statement, is inadmissible. Learned counsel further submits that it is highly improbable that the petitioner and his co‑accused would murder and bury the dead body at the Dhari of the deceased which is surrounded by other Dharis. It is submitted that the recovery of dead body has been planted. The learned State counsel has opposed the prayer for bail.

4. I have gone through the relevant material. Perusal of the statements of Ghulam Muhammad, Nur Ahmad and Mst. Sharifan, as originally recorded, leave the impression that all the accused made a joint statement before them that they had killed Qasim Ali deceased. Seemingly, statements were subsequently changed so as to read that each accused had made statement separately. It appears that in their statements the words alag alag were added subsequently.

The dead body and the weapon of offence were recovered from the Dhari of the deceased. Dharis of Aslam, Kamir, Amir and Hussain etc. are close to the Dhari from where the dead body and the weapon of offence were recovered. Prima facie, there is substance in the submissions made by the learned counsel for the petitioner. I, therefore, admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Okara.

S.A./G‑45/L Bail granted.