Law:

Section:

Criminal Procedure Code (V of 1898)--­----S. 497--Penal Code (XLV of 1860), S.302/34---West Pakistan Arms Ordinance (XX of 1965), S.13-D---Qanun-e-Shahadat (10 of 1984), Arts.38 & 39---Bail---Confession made by the accused before police officers in the police station could not be used against them under the law as the same was not made in the presence of a Magistrate---Said confession even could not be termed as an extra judicial confession---Report of the Ballistic Expert had not supported the prosecution version---No witness had so far been examined by the prosecution to connect the accused with the murder of .the deceased--­ Case against accused, thus, required further inquiry and they were admitted to bail accordingly. ORDER Rafique Ahmed and Imtiaz Ahmed who are facing trial under section 302 34, P.P.C. and 13-D Arms Ordinance, have filed this bail application under sections 497 and 498, Cr.P.C. after a similar application filed by them before the IIIrd Additional Sessions Judge, Sukkur was rejected by order dated 15-1-2002. The brief facts of the case as reflected from the F.I.R. are that on 10-6-2001 at about 20-30 hours two persons came to the Police Station, Site Area, District Sukkur along with two country-made pistols in their hands, disclosed their names as Rafique Ahmed and Imtiaz Ahmed and stated that they had killed Mst. Roshan Khatoon sister of Imtiaz Ahmed as she had been declared Kari with one Abdul Sattar and was consequently divorced by her husband Gul Hassan and driven out of the house. Giving the details of the incident they stated that they had come to know that Mst. Roshan Khatoon had gone to village Nasirabad, Taluka Sukkur to attend the marriage party of Javed Bhayo. Both the applicants decided to kill Mst. Roshan Khatoon as she was Kari, took their unlicensed pistols and cartridges and came to the village to fulfil their objective. When they reached a public street they saw Mst. Roshan alight from a Datsun and going towards some house. The applicants took out their pistols, pointed towards the ladies and told them to move away from Mst. Roshan as they wanted to kill her because she had been declared Kari. Thereafter Rafique fired…

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