Case Details

Citation(s)
2015 SLG 2743 2015 SLD 2743 2015 PLJ 17
Lahore High Court
Crl. Misc. No. 3826-B of 2014, decided on 23.7.2014.
SHAHID HAMEED DAR, J.

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AMJAD HUSSAIN

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Bail, grant of--Further inquiry--Real father of deceased showed his firm belief in his written application, he presented, before Investigating Officer against accused-petitioner by contending that it was he who had murdered his son--He did not disclose source through which he acquired knowledge, as to culpability of accused-petitioner in this case--Witnesses of extra judicial confession, were allegedly approached by accused to admit his guilt and seek their help in matter, but they did not disclose this fact immediately to Investigating Officer or complainant and they remained tight-lipped for two long days, which reflected on veracity of their assertions, as to admission of guilt by accused before them--It has been held time and again that extra judicial confession is weakest type of evidence which can easily be maneouvered by prosecution wherever direct connecting evidence does not come their way--So far as recovery of cell phone of deceased at instance of petitioner was concerned, its evidentiary value may better be assessed by trial Court after recording evidence of parties during trial--Investigating Officer however did not prepare a memo. of identification in this regard--There was no other evidence on record which may incriminate petitioner in this case--There exist sufficient reasons to believe that petitioner's case constitutes need for further probe into his guilt, within scope of Section 497(2), Cr.P.C.--Bail granted [P. 18] A Rana Zulfiqar Ali Sadiq, Advocate for Petitioner. Order The complainant, Israr-ul-Haq was informed by Nazir Ahmad and Munir Ahmad about presence of a dead body, packed in a shopping bag, in front of their house whereon he along with them went to the spot and found the dead body of an unknown male person, which was at advanced stage of decomposition, hence unidentifiable. 2. One Maqbool Ahmad joined investigation on 05.08.2012 and he identified the said dead body as that of his son Imran Ahmad, at the mortuary, Nishtar Hospital, Multan. He presented a written application before the Investigating Officer whereby he contended that he was of firm belief that his son Imran…
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