2022 PLP 540 (MLD)

FAHEEM AHMED SIDDIQUI, J.

Since the aforementioned applications pertains to the same criminal case initiated on the basis of FIR No. 05/2020 lodged at Police Station Kumb under sections 364, 302, 452, 147, 148, 149, P.P.C; therefore, the same may be disposed of with one and single order.

2. The applicants Fauj Ali and Hazoor Bux are seeking their release on bail in the aforementioned case by preferring Criminal Bail Appliation No.S-404 / 2020 while applicant/complainant by preferring Criminal Miscellaneous Application No.S-212 / 2020 intends to get an order for cancellation of bail granted by the trial Court to the respondents Noor Mohammad and Shahbaz.

3. After hearing the detailed arguments and perusal of the available records and going through the case laws relied upon, I have observed as under: (a) It is alleged against the applicants of Criminal Bail Application No.S-404/2020 and respondents of Criminal Miscellaneous Application No. S-212/2020 that due to some minuscule dispute with the deceased, they after entering in his house at night time abducted him, and subsequently he was murdered by causing fire-arm injuries to him. (b) Allegedly, the son of the complainant got injuries in an accident where accused Hazoor Bux was available. At that time some hot-words exchanged between Hazoor Bux and the brother of complainant namely Asif Ali. The complainant threatened Asif Ali with dire consequences and on that issue, the incident of abduction and murder of Asif Ali was taken place. (c) Initially the complainant nominated the applicants of Criminal Bail App No. S-404/2020 and respondents of Criminal Miscellaneous App No.S-212/2020 but subsequently he extended the net by involving some other persons through a further statement. (d) It has been revealed during the course of arguments that the complainant and accused persons are residing in the same vicinity, as such those of the accused who has taken part in the offence overtly, their misidentification is ruled out. (e) So far as to the case of respondents of Criminal Miscellaneous Application No.S-212/2020 namely Noor Mohammad and Shahbaz are concerned, the investigator could not collect sufficient evidence against them as such their names were placed in column-2 of charge-sheet. However, the learned Magistrate while taking cognizance joined them, as such they were released on bail by the trial Court. (f) The learned counsel for the applicants Fouj Ali and Hazoor Bux draws attention towards the result of re-investigation carried out on the request of the accused party, according to which the actual author of offence is only one Shah Nawaz, who was involved through a further statement. According to re-investigation, the applicant Fouj Ali and Hazoor Bux were declared innocent. (g) The learned counsel for the applicants/accused relying on the finding of re-investigation tried to make it a great point by submitting that now it is a case of multiple versions, as such the applicants should be benefited from the re-investigation. (h) No doubt, the police may carry out multiple investigations but the ipse dixit of police is not binding on the court. Besides, the re-investigation was carried out after submission of the final report, and the same was done at the request of the accused party, which has further discredit such re-investigation. (i) The re-investigation was carried out through a JIT but the said JIT was not formed under the directions of a Court and the reasons for the formation of JIT are also not clarified. (j) It is alleged by the learned prosecutor and learned counsel for the complainant that JIT re-investigation report has not been filed before trial Court and the same is the first time revealed before this Court. If it is so, the said report also lost credibility and if there is any such report then the same may be placed before the trial Court and the trial Court is the proper forum to consider the fate of such report. (k) So far as the request of the complainant for cancellation of bail is concerned no convincing grounds for the cancellation of bail to the respondents Noor Mohammad and Shahbaz have been urged. It is settled law that once bail to an accused is granted, the same may be recalled when the accused misused the concession of bail or the order of bail is patently illegal. Since no such ground is available, therefore, the plea of cancellation of bail to the aforementioned respondents can be considered.

4. Based on the above observation, I have no hesitation to declare that neither a case of bail in favour of the applicants of Criminal Bail Application No. S-404/2020 nor a cause for cancellation of bail to the respondents of Criminal Miscellaneous Application No. S-212/2020 was made out, as such both the under discussion applications are failed and dismissed through a short order dated 12.10.2020 and these are the reasons for the same.

5. Before parting, it is clarified that all of the above observations are purely tentative and will have no bearing upon the trial of either party. SA/F-36/Sindh Applications dismissed.