2004 PLP 1208 (YLR)

S.497

Penal Code (XLV of 1860), S.302

Bail, grant of

Police had not recorded the statements of the prosecution witnesses of the last seen evidence for more than a year though they had informed the complainant at the funeral of the deceased that they had seen the deceased in the company of the accused

No motive had been alleged against the accused for the commission of the offence even in the said belated statements

Neither the recovered pistol was sent to the Forensic Science Laboratory, nor any crime empty was recovered from the scene of occurrence-- Accused was not absconder in the case-- Guilt of the accused needed further probe-- Accused was admitted to bail in circumstances. Ch. Muhammad Shafique Piya for Petitioner. Jamshaid Iqbal Khakwani for the State. Muhammad Iqbal son of Allah Wasaya-petitioner has sought post-arrest bail in case F.I.R. No.154, registered at Police Station, Tranda Muhammad Panah, on 28-6-2001, for offence under section 302, P.P.C.

2. The relevant facts as set down in the F.I.R. are that Hazoor Bakhsh, brother of the complainant, used to run a Hotel near the Office of the Union Council, Taranda Muhammad Panah. 8/10 days prior to the occurrence Hazoor Bakhsh left the Hotel business. One day prior to the registration of the case Hazoor Bakhsh left on Cycle to Tranda Muhammad Panah and did not return to his house. On 28-6-2001 when the complainant was going towards his office Abdul Majeed informed him that Hazoor Bakhsh has been murdered in Madina Colony. The complainant alongwith P. Ws. rushed to Madina Colony and saw that his brother Hazoor Bakhsh was lying dead in a pool of blood after receiving injuries. According to F.I.R., some unknown persons for unknown reasons had murdered Hazoor Bakhsh. On 3-10-2002 the police recorded the statements of Muhammad Waris and Ghulam Haider, P.Ws., who stated that they had seen Hazoor Bakhsh-deceased in the company of Rajab Ali and Muhammad Iqbal when all of three had gone to take tea at a Hotel. Thereafter Muhammad Iqbal-petitioner was arrested on 16-6-2002. He led to the recovery of pistol on 21-10-2002.

3. I have heard the learned counsel for the parties and gone through the record. It has been noticed that the statements of P. Ws. Ghulam Haider and Muhammad Waris were not recorded by the police for more than a year though according to the statements of the aforementioned P.Ws. they had informed the complainant at the funeral ceremony of Hazoor Bakhsh deceased that they had seen Hazoor Bakhsh in the company of Rajab Ali and Muhammad Iqbal; that as far as the recovery of pistol is concerned, suffice it to say that neither any empty was recovered from the scene of occurrence nor the pistol was sent to the Forensic Science Laboratory; that even in the belated statements no motive has been alleged against the petitioner; that the learned trial Court has wrongly assumed that the petitioner was absconder, as he was arrested within 13 days after recording of the statements of the P.Ws. Muhammad Waris and Rajab Ali; and that no proceedings under section 87/88, Cr.P.C. were initiated against the petitioner. In these circumstances, the allegation against the petitioner needs further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C., therefore, I admit the petitioner to bail, subject to his tendering bail bonds in the sum of Rupees Fifty Thousand, with one surety, in the like amount to the satisfaction of the trial Court. N.H.Q./M-7/L Bail allowed.