| Citation(s) |
|---|
| 2012 SLG 2533 2012 SLD 2533 2012 YLR 2239 |
Lahore High Court
Criminal Miscellaneous No. 4714-B of 2012, decided on 7th May, 2012
SHAHID HAMEED DAR, J
Hafiz Khalil Ahmad for Petitioner. Miss Muqadass Tahira, Adidtional Prosecutor General for the State with Aslam Sabri S.I. Mian Mukhtar Ahmad for the Complainant
Criminal Miscellaneous No. 4714-B of 2012, decided on 7th May, 2012
SHAHID HAMEED DAR, J
Hafiz Khalil Ahmad for Petitioner. Miss Muqadass Tahira, Adidtional Prosecutor General for the State with Aslam Sabri S.I. Mian Mukhtar Ahmad for the Complainant
TALIB HUSSAIN
VS
THE STATE and another
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 364/302/201/109/34---Kidnapping or abducting in order to murder, qatl-e-amd, causing disappearance of evidence of offence, or giving false information to screen offender, abetment, common intention---Bail, grant of---Further inquiry---Allegation against the accused was that he kidnapped and murdered the deceased on suspicion that he had an illicit liaison with the daughter of the accused---Accused had allegedly admitted kidnapping the deceased before a 'punchayat' and promised to return him---Dead body of the deceased was recovered from a place near the house of the accused---Contention of the accused was that there was no evidence against him---Validity---Evidence against the accused was vague---No evidence existed on record to establish that the deceased had ever entered the house of the accused or he had been seen in the company of the accused at any stage till recovery of his dead body---Fact that dead body of the deceased was recovered from a place not far from the house of the accused, could not be considered a ground to connect the accused with the commission of the offence---Investigation officer had found that the accused was only guilty for the offence of screening evidence, which was punishable under S.201, P.P.C---Alleged extra-juridical confession of the accused did not reveal as to when and where he had admitted his guilt before the 'punchayat'---Text of the rapat, registered by the father of the deceased, was entirely different from the story of the F.I.R., which was lodged by the brother of the deceased---Name of accused was not mentioned anywhere in the said rapat---Case of accused was fully covered by S.497(2), Cr.P.C---Bail appli-cation of accused was accepted and he was admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Extra-judicial confession---Evidentiary value---Such confession of an accused was the weakest type of evidence which could be easily procured by the prosecution wherever direct connect-ing evidence did not come their way. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.922,…
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