AANSA NAHEED Versus MUKHTAR AHMAD

ORDER

1. This bail application has been moved on behalf of applicant Noor Hassan who is involved in a case registered against him and others under section 302/34/201, P.P.C. as Crime No.39/1992 at Police Station Tangwani on the complaint of one Ali Hassan.

2. According to the prosecution, applicant alongwith co-accused has committed murder of his son namely Gul Hassan and that he has also disposed of his dead body by throwing the same in the canal.

3. There is no direct evidence against the applicant to say that he is the man who has committed the murder of the deceased. Prosecution has relied upon the confession said to have been made by co-accused Ghulam Haider who has already been released on bail by me. Learned counsel for the applicant has submitted that the said confession has been retracted by the co- accused Ghulam Haider as he did not plead guilty to the charge framed against him, hence the same cannot be relied against the applicant. In support of his contention he has relied upon the case reported in 1993 P Cr. L J 1919, P L D 1991 FSC 53 and 1993 P Cr. L J 1118.

4. The learned counsel for the applicant has further contended that there is delay of five months in lodging of F.I.R. He has also submitted that the statement said to have been made by the Jeep Driver, Muhammad Qasim implicating the applicant in this case was also recorded after five months of the occurrence.

5. The learned State counsel has opposed the prayer of the applicant for grant of bail contending that there is evidence of Jeep Driver Muhammad Qasim which supports the confession said to have been made by co-accused Ghulam Haider and as such, there is no evidence to show that the applicant has committed murder of the son of the complainant Gul Hassan. He also submitted that there is evidence of Ghulam Mustafa and Nihal who have implicated the applicant in this case in their 164, Cr.P.C. statements that he was the man who called the deceased through co-accused Ghulam Haider and, thereafter, he was not found alive.

6. It may be observed that these statements were also recorded after a delay of five months. At this stage it is difficult to find that these statements which have been made at a very late stage, can be considered as sufficient evidence to hold that applicant does not deserve bail.

7. A perusal of the police papers shows that the statements of P.Ws. Ghulam Mustafa and Nihal are based on what the co-accused Ghulam Haider told them. Learned counsel for the applicant has already submitted that the confession of the co-accused Ghulam Haider is self-exculpatory and that he has already retracted the same by pleading not guilty to the charge which has been framed against him by the trial Court.

8. In view of the fact that there is no direct evidence against the applicant that he had committed murder of deceased Gul Hassan and that confession said to have been made by co-accused Ghulam Haider is self-exculpatory and that the same had already been retracted, I consider it to be a fit case for bail 'A and, therefore, I grant bail to the applicant Noor Hassan on his furnishing solvent in the sum of Rs.1,00,000 (Rupees one lac only) and P.R. bond in the like amount to the satisfaction of the trial Court.

9. N.H.Q./N-502/K Bail granted.