2022 PLP 197 (YLRN)

KHADIM HUSSAIN M. SHAIKH, J.

By means of this bail application, applicant Ghazanfar Ali son of Deen Muhammad, has sought for post-arrest bail in Sessions Case No.246 of 2019, emanating from Crime No.14 of 2019, for offence under section 302 P.P.C, registered at P.S. Sakhipir, Hyderabad, after his plea for post arrest bail has been declined by dismissing his Criminal Bail Application No. Nil of 2019, vide order dated 27.08.2019, passed by the learned IIIrd Additional Sessions Judge, Hyderabad.

2. Briefly, the facts of the case are that in the year 2006 the marriage of complainant Muhammad Shafi's daughter Mst. Samina was solemnized at Hyderabad with accused Ghanzanfar Ali. Out of the said wedlock one baby Aisha, who is aged about five years, was born. It is further alleged that applicant Ghazanfar Ali used to maltreat and torture the daughter of the complainant Mst. Samina. About six months ago the complainant's younger daughter namely Mst. Amna wife of Asim Ali, came from Karachi and stayed in the house of her sister Mst.Samina, where she saw that applicant Ghazanfar Ali tried to administer poison in milk to Mst. Samina and two days prior to that he had given beatings to Mst. Samina. On 10.02.2019 at about 02:30 p.m. complainant party received information through mobile phone that Mst. Samina having sustained burn injuries in fire, had been admitted in Civil Hospital Hyderabad. On such information the complainant, his sons Shakeel and Asif came from Karachi to Civil Hospital Hyderabad where the complainant's daughter Mst. Samina was admitted having fire burn injuries, who disclosed that "today at 12:00 noon accused Ghazanfar on her not preparing tea for him, tried to kill her by strangulating her to which she raised cries and then he sprinkling petrol, set her on fire causing her injuries." Thereafter, the complainant came at Police Station Sakhipir Hyderabad and lodged the subject FIR for offence under section 324, P.P.C, but subsequently injured Mst. Samina succumbed to her injuries, hence section 302, P.P.C. was added. After the investigation the accused was sent-up with the challan to face his trial. The bail application moved by the applicant has been dismissed by the learned Trial Court vide order dated 27.08.2019, hence this bail application.

3. Learned Advocate for the applicant has mainly contended that the applicant is innocent and he has been falsely implicated by the complainant party due to their personal grudge against him; and, that there is no eye-witness of the occurrence, therefore, per learned counsel, the case requires further inquiry into the guilt of the applicant. Learned counsel prays for grant of bail to the applicant.

4. The complainant, who is present in person, has stated that the applicant has brutally murdered his innocent daughter Mst. Samina by sprinkling petrol and setting her on fire. He prays for justice.

5. Learned Additional Prosecutor General, has mainly contended that the applicant is nominated in the FIR, which was promptly lodged on the same day of the incident; that PWs in their statements under section 161, Cr.P.C. have supported the version of the complainant; that the medical evidence is also in corroboration with the prosecution case; that deceased Mst. Samina in her dying declaration has fully implicated the applicant in the commission of this heinous offence; that the trial has since commenced and two of the material prosecution witnesses have been examined and there remains only few witnesses to be examined; and, that the case is being tried in Model Criminal Trial Court and conclusion whereof would be within short span of time. Learned Additional Prosecutor General, opposing the grant of bail to the applicant, prays for dismissal of this bail application.

6. I have considered the submissions of the learned counsel for the applicant, the learned Additional Prosecutor General, and the complainant and have gone through the material and the police file with the assistance of learned Additional Prosecutor General.

7. From a perusal of the record it would be seen that the applicant is nominated in the FIR lodged with promptness with specific allegation of committing murder of his own wife deceased Mst. Samina by sprinkling petrol and setting her on fire, on her refusal to prepare tea for him: the PWs have supported the version of the complainant in their statements under section 161, Cr.P.C.; on 15.02.2019 in the ICU of burns ward of Civil Hospital Karachi, the statement of Mst. Samina was recorded wherein she giving the details of entire episode of the incident has fully implicated the applicant in commission of this offence and during treatment on 17.02.2019 she had expired in Civil Hospital Karachi; the medical evidence is also in line with the ocular version; this is a heinous crime involving brutal murder of an innocent housewife, carrying capital punishment falling within the prohibitory clause of section 497, Cr.P.C.; and, no animosity of the complainant party to falsely implicate the applicant in this case is alleged. Under these circumstances, I am of the considered opinion that prima facie there is sufficient evidence against applicant Ghazanfar Ali for his involvement in commission of this offence, and he has failed to make out his case for grant of concession of bail, therefore, his bail application being devoid of merit is liable to be dismissed. These are the reasons of short order announced by me on 22.01.2020, whereby instant Criminal Bail Application was dismissed.

8. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not influence the learned trial court at the time of final decision of the subject Sessions case. SA/G-26/Sindh Bail declined.