SARDAR vs THE STATE — 1970 PCRLJ 773

Citation: 1970 PCRLJ 773

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-14

Parties: SARDAR vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 773

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: SARDAR vs THE STATE Case No.: Criminal Miscellaneous No. 5899 of 1969 Date of Judgment:1970-11-14 Reported As: 1970 P Cr. L J 773 Result: Bail allowed Judgment ORDER This is a petition for bail under section 497, Cr. P. C 2. The facts are these. On the 29th of June 1969, Phala complainant made an application to the Additional Superintendent of Police, Qasur, wherein he stated that about two years ago, his son Rehmat Ali left his house, in connection with some business, but had not returned so far. He suspected Nazir son of Abdullah, Sardar and Nazir sons of Ilam Din, as the culprits. On this application F. I. R. No. 91 was registered at Police Station Raiwind. During the investigation the police arrested Shah Muhammad, Khushi Muhammad, Ali Muhammad, Sardar' and Nazir. The Additional Sessions Judge rejected the bail of the petitioner on the ground that he had made extra judicial confession before three Lambardars. I have seen the statements of Ch. Allah Dad, Shahabuddin and Sardar Masta, wherein- they had stated that Sardar and Shah Muhammad jointly confessed the guilt. 3. Learned counsel for the petitioner cited Ali and others v. Crown (PLD 1950 B J 26) to argue that a joint extra-judicial confession of the two accused is not entitled to any weight. The learned Judges of the Bahawalpur High Court followed Ram Singh v, Crown (7 P R 1916). I have examined both these judgments. The ratio decidendi of these judgments is…

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