PLJ 2013 Cr.C. (Lahore ) 730
[Multan Bench Multan
[
Present: Ibad-ur-Rehman Lodhi, J.
MUHAMMAD ASHFAQ--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 1316-B of 2013, decided on 24.4.2013.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 397, 412--Bail, grant of--Allegation of murder--This was a blind murder and according to the complainant on the following day of death of his wife, the body of the deceased was found lying in the washroom of the house--Initially suspicion was raised against one and one unknown person--By means of a supplementary statement, the present petitioner was implicated again on suspicion and at that point of time two prosecution witnesses were introduced by assigning them a role that they had seen the accused, present petitioner, while coming out the house of the deceased at the relevant time when probably the occurrence was committed--The extra judicial confession of the present petitioner had also been shown before his maternal uncle, a private person--On his arrest, the recovery of some gold ornaments and cash had also been shown but such recovery was nothing but a padding on the part of the police, as in originally registered FIR, the complainant never complained against any theft or missing of any item including jewelry or cash--In such like unwitnessed cases, heavy burden lies on the prosecution to bring home guilt in the accused person, which is not possible without regular trial the same reportedly has not yet commenced--In such like cases of weak evidence, for present, the petitioner cannot be kept behind the bars for an indefinite period--Bail allowed. [P. 731] A
Mr. James Joseph, Advocate for Petitioner.
Mr. Ayaz Ali Khanzada, Advocate for Complainant.
Mr. Hassan Mehmood Khan Tareen, Deputy Prosecutor General Punjab for State.
Date of hearing: 24.4.2013.
Order
Through this petition, the petitioner seeks post arrest bail in case FIR No. 70/2012 dated 29.02.2012 registered under Sections 302, 397, 412, PPC at Police Station AlpaDistrict Multan.
2. This was a blind murder and according to the complainant on the following day of death of his wife, the body of the deceased was found lying in the washroom of the house. Initially suspicion was raised against one Nasir and one unknown person. However, on 03.03.2012 by means of a supplementary statement, the present petitioner was implicated again on suspicion and at that point of time two prosecution witnesses Muhammad Maqsud and Javed were introduced by assigning them a role that they have seen the accused, present petitioner, while coming out the house of the deceased at the relevant time when probably the occurrence was committed. The extra judicial confession of the present petitioner has also been shown before his maternal uncle, a private person. On his arrest, the recovery of some gold ornaments and cash has also been shown but such recovery is nothing but a padding on the part of the police, as in originally registered FIR, the complainant never complained against any theft or missing of any item including jewelry or cash. In such like unwitnessed cases, heavy burden lies on the prosecution to bring home guilt in the accused person,which is not possible without regular trial, the same reportedly has not yet commenced. In such like cases of weak evidence, for present, the petitioner cannot be kept behind the bars for an indefinite period.
3. In view of what has been discussed above, this petition is allowed and petitioner Muhammad Ashfaq is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.
(A.S.) Bail allowed
