Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/435--Qanun-e-Shahadat (10 of 1984), Arts.16 & 34---Qatl-e-amd and mischief---Bail, grant of---Further inquiry---Confession---Only evidence in case was in shape of confession of the accomplice, which was inconsistent with her earlier stand; and no corroboration was available of said confession, recorded after a delay of about 2-1/2 years---Such confession of accomplice, without any corroboration, would not be sufficient to record conviction in the matter---Extra judicial confession, otherwise was a weak type of evidence and on the basis of such evidence, there were hardly any chances that same would help the case of prosecution---In the present case it was yet to be determined by the trial Court after recording evidence that accomplice, who had been changing her statements, version and making inconsistent statements, could be termed as trustworthy witness; or conviction could be based on her sole statement---Case of accused needing probe/inquiry, he was admitted to bail, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 34---Confession, use of---Confession of accused admitting the guilt of commission of offence could only be used against that accused and not against the co-accused---Under Art.34 of Qanun-e-Shahadat, 1984 an admission could be proved by or on behalf of a person making it and not against any other person. ORDER BHAJANDAS TEJWANI, J.---This bail application has been moved on behalf of the applicant Ehsanullah, who is facing trial before the Court of Sessions Judge Karachi South, under section 302/435 QDO, arising out from Crime No. 392 of 2007, registered with Police Station Boat Basin, Clifton Town, Karachi. The brief facts of the case are that on 13-10-2007, the complainant Arsalan Shabbir lodged F.I.R. in respect of murder of his father Shabbir-u-Rehman, stating therein that his father was residing with them in a house in Block-2, P.E.C.H.S., Karachi but when he did not return from his office, he attempted to contact with his father but no reply was received from the phone of his father. Thereafter, he contacted the Tracker Company, who…

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