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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN alias PAPOO VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Fakhruddin H. Shaikh Title: MUHAMMAD HUSSAIN alias PAPOO vs THE STATE Case No.: Bail Application No,73 of 1985 Date of Judgment:1985-02-11 Reported As: 1985 P Cr. L J 1346 Result: Bail allowed
Judgment ORDER ' The applicant alongwith co-accused Imamuddin have been sent up for trial for offence under section 364/34, P.P.C. For having killed one Riaz after abducting him. Co-accused Imamuddin has already been granted bail by Mr. Justice Abdul Razzak A. Thahim, by order dated 2-1-1985 on the ground that there was no evidence in the case except of last seen and extra-judicial confession of Mohammad Hussain. So far as the applicant Mohammad Husain, is concerned his case is at par with that of the Imamuddin who has already been granted bail. The only evidence against him is that he made exculpatory extra-judicial confession to the effect that Imamuddin had killed Riaz. It has been held by the Division Bench of this Court in the case of Kazi Pervez and others v. The State PLD 1976 Kar. 583 that self-exculpatory confession cannot be considered as confession and that it is hardly of any value even against the maker thereof. ' Reliance has also been placed on the case of Nazar Muhammad v. The State 1984 P Cr. L J 1678 in which it has been held that there being no other evidence against the accused except of last seen and extra-judicial confession, the accused was entitled to bail. In view of the above decisions Mr. Sarfraz Ahmed has not objected to the grant of bail. There is no direct evidence against the applicant. Only evidence is that he made exculpatory confession before the witnesses and that he was last seen with the deceased. In view of the decisions, cited above the case of the applicant is one of further enquiry. The application is allowed. He shall be released on furnishing surety in the amount of Rs,50,000 and P.R. In like amount to the satisfaction of Sessions Judge, Hyderabad.