2011 PLP 1027 (MLD)

BHAJANDAS TEJWANT, J.

This bail application has been moved on behalf of applicant Furqan Qadri, who is facing trial before the Court of IInd Additional Sessions Judge Karachi (Central) arising out from F.I.R. No.121 of 2009 of Police Station Bilal Colony, Karachi under sections 302, 324 and 34 P.P.C. The brief facts as stated in the F.I.R. lodged by Fayyazur Rehman Arif are that his father Ahmed Noor Arif proceeded for Fajr prayer along with his son Ateeq Ahmed and when they reached near Bismillah Maternity Home, some culprits on the motorcycle fired on them and he died on the spot. After lodging the above F.I.R. the investigation was pending and on 9-7-2009 the applicant is shown to have been arrested, thereafter he was remanded to judicial custody on 25-7-2009 but on 30-7-2009 he was produced before the Magistrate for his identification in which the witness Ateeq Ahmed identified the present applicant. The bail plea is pressed on the ground that the name of applicant does not transpire in the F.I.R. nor any role has been assigned to him. The applicant was arrested on 9-7-2009 and he being activist of Sunni Tehreek was involved in so many cases of blind F.I.Rs. in which either the applicant has been acquitted or in some cases he has granted the concession of bail. The learned counsel further submits that the only piece of evidence available with the prosecution is identification of present applicant after 21 days from the date of his arrest and after 2 months 24 days from the date of incident and that parade cannot be given much weight and it has hardly any evidentiary value. Mr. Abdullah Rajput, Assistant Prosecutor-General, Sindh has opposed the grant of bail to the applicant on the ground that applicant is involved in so many cases and the presumption will be he is habitual offender. It is an admitted position that in F.I.R. the name of applicant does not transpire nor any role has been attributed to him. He was arrested on 9-7-2009 and was remanded to judicial custody on 25-7-2009, and he was produced from jail for identification parade on 30-7-2009 i.e. after about 21 days from the date of arrest. The applicant had remained in the custody of police for complete 16 days and he must be open to public at Police Station but during this period no identification parade of applicant was held, therefore, such piece of evidence may not be helpful to the prosecution and the case of applicant will require further inquiry as to the involvement of the applicant in the commission of alleged offence. Accordingly, this bail plea is accepted. The applicant shall be released on his furnishing surety in the sum of Rs.2,00,000 (Rupees Two lacs Only) and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./F-7/K Bail granted.