GHULAM MUSTAFA Versus STATE

ORDER

This is a petition for granting bail to Mushtaq alias Labha, petitioner herein, who stands arrested for the murder of Muhammad Fayyaz, reported under F.I.R. No.301/93, dated 18-7-1993, at Police Station Ferozewala, District Sheikhupura. The petitioner's bail plea was declined by the lower Court, hence this petition.

2. I have heard learned counsel for the petitioner as well as for State and have also perused the record.

3. Admittedly the petitioner's name does not figure in the F.I.R. The only allegation against him is that he accompanied the principal accused namely Rashid Ahmad who as a matter of fact had fired fatal shot at the deceased with a rifle. There is no proof to connect the petitioner with the crime except the evidence of extra-judicial confession said to have been made by the petitioner before Ahmad Ali and Munir Ahmad, P.Ws. In this view of the matter, I find that the evidence collected so far against the petitioner is not sufficient to believe that the petitioner is guilty of committing the offence of murder with which he is charged. Consequently, this petition is allowed and it is directed that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20.000 with one surety in the like amount to the satisfaction of the trial Court, during the pendency of trial.

N.H.Q./M-1490/L

Bail allowed.