Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

(a) Confession-- Joint extra judicial confession-Not admissible in evidence. Ali and others v. Crown P L D 1950 B J 26 and Manzur and others v. State P L D 1957 Lah. 1023 rel. (b) Criminal Procedure Code (V of 1898) So 497(2)--Bail-Murder case-Joint extra judicial confession alone on record to connect accused with murder-Case, held, covered by S. 497(2) Bail allowed.   ORDER This is a petition for bail under section 498, Cr. P. C., The brief facts of the case are that on 2-8-1969, Ahmad Ali complainant, named the petitioners as the abductors of his son, Zulfiqar, whereupon a case under section 364, P. P. C., was registered at Police Station Chiniot. On the 29th of August 1969, a skull and some bones were found lying in the area of Police Station Barana, which were identified by the complainant to be that of his son, whereupon the offence was converted from 364, P. P. C. to 302, P. P. C. It appears from the order of the learned Magistrate Ist Class, Chiniot, dated the 10th of January 1970, that his predecessor allowed the petitioners bail when the offence was under section 364, P. P. C., but he cancelled it when the charge was converted to one under section 302, P. P. C. 2. Learned counsel appearing for the petitioners strongly urged that there is no evidence on the police record to connect the petitioners with the alleged crime. Mr. Farooq Bedar, learned counsel appearing for the State, stated that on the record there is the statement of Nasir Ali, before whom three of the petitioners namely, Saleh and Yara sons of Khan and Ahmad son of Sultan had confessed their guilt. The statement of Nasir Ali has been read out in the…