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Petitioner: MUHAMMAD JAVED alias JAVED AHMAD alias JAVED VS Respondent: StateHonorable Justice Asif Saeed Khan KhosaZafar Iqbal Chowhan,Ch. Abdul Ghani
2005 Y L R 3162
2005 Y L R 3162
[Lahore]
Before Asif Saeed Khan Khosa, J
MUHAMMAD JAVED alias JAVED AHMAD alias JAVED---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.5882-B of 2004, decided on 9th September, 2004.
Criminal Procedure Code (V of 1898)---
----S.497(2)---Penal Code (XLV of 1860), S.302---Bail, grant of --- Further inquiry---F.I.R. had been lodged with a delay of about two and a half months and alleged murder had remained unwitnessed---No independent evidence was available on record directly connecting accused with alleged offence---Record had shown that accused had been implicated in the case on alleged extra judicial confession made by co-accused---Worth and evidentiary value of such extra judicial confession made by co-accused called for further probe---Recovery of dead body was a private recovery and same had not been effected from house of accused or at the instance of accused---No evidence was available on record to connect the string allegedly recovered from possession of accused---Challan in the case had already been submitted after completion of investigation---Continued detentions of accused in jail was not likely to serve any beneficial purpose---Case against accused calling for further inquiry into his guilt within purview of S.497(2), Cr.P.C., accused was admitted to bail.
Zafar Iqbal Chowhan for Petitioner.
Ch. Abdul Ghani for the State.
ORDER
ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Javed alias Javed Ahmed alias Javed petitioner has sought post-arrest bail in case F.I.R. No.443 registered at Police Station, Sadar, Okara on 19-9-2003 for an offence under section 302, P.P.C. read with section 201, P.P.C. was added to the F.I.R.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of about two and a half months. According to the F.I.R. itself the alleged murder had remained unwitnessed. So far there is no independent evidence available on the record directly connecting the petitioner with the alleged offence. The record shows that a co-accused of the petitioner namely. Mst. Kauser Bibi and allegedly made an extra-judicial confession and in that confession she had also implicated the present petitioner. The worth and evidentiary value of such extra-judicial confession made by the petitioner's co-accused calls for further probe at this stage. The recovery of the dead body was admittedly a private recovery and the same had not been effected from the petitioner's house or at the instance of the petitioner. There is no evidence available on the record to connect the string allegedly recovered from the petitioner's possession with the alleged offence. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-1190/L Bail granted.