Case Details

Citation(s)
2018 SLG 1068 2018 SLD 1068 2018 PCRLJ 598
Lahore High Court
Cr. Misc. No. 3294-B of 2017, decision Dated: 16-03-2017.
ABDUL SAMI KHAN, JUSTICE
Malik Ghulam Abbas Nissoana for Petitioner. Muhammad Irfan Zia, Deputy Prosecutor-General and Muhammad Ali, S.-I. with record for the State. Nemo for the Complainant.

TAJAMMAL HUSSAIN ANJUM ALIAS PHALO

VS

THE STATE AND ANOTHER

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 392, 201, 411, 364, 109 & 34---Qatl-i-amd, robbery, causing disappearance of evidence, dishonestly receiving stolen property, kidnapping or abducting in order to murder, abetment, common intention---Bail, grant of---Further inquiry---First Information Report was registered with a delay of about five days---Accused though was named in FIR yet his full name was mentioned in supplementary statement after more than one month of the occurrence---Even the statements of prosecution witnesses under S. 161, Cr.P.C., regarding extra judicial confession of accused and his co-accused had been recorded after about one month of the alleged incident---Extra-judicial confession was a weak type of evidence and had no value in the eyes of law---Mere involvement in a heinous offence was no ground for refusing bail to an accused who otherwise became entitled for the concession of bail---Accused remained on physical remand and nothing was recovered from him---Co-accused had been declared innocent by the Investigating Officer---Accused was previous non-convict and never involved in any case and was behind the bars since four months---Investigation qua accused was complete and his person was no more required for further investigation--- Continuous incarceration of accused in jail would not serve any beneficial purpose--- Bail was granted accordingly. Muhammad Waseem v. The State and others 2012 SCMR 387 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 37---Extra-judicial confession---Scope---Extra judicial confession was not admissible in evidence and had no value in the eyes of law---Extra-judicial confession was a weak type of evidence. Muhammad Waseem v. The State and others 2012 SCMR 387 rel. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner Tajammal Hussain Anjum alias Phalo has sought bail after arrest in case FIR No.442/2016 dated 30.09.2016 under sections 302, 392, 201, 411, 364, 109, 34, P.P.C., registered at Police Station Rajoa, District Chiniot. 2. I have heard the learned counsel for the parties and have…
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