2023 P Cr (PLP)

SARDAR AHMED HALEEMI, J.

Through this bail application, the applicant (accused) seeks his post-arrest bail in case bearing FIR No.69/2022 dated 24.04.2022 registered under sections 302, 324, 147, 148, 149, P.P.C. with Police Station City Dera Murad Jamali.

2. The precise facts narrated in the FIR by the complainant Qadir Bakhsh son of Muhammad Hashim are that on the day of occurrence he along with his brothers namely Khair Muhammad alias Khair Jan and Shafqat Ali were present in their shop situated in main bazar near "Al-Noor Shopping Centre" in the name and style of Al- Yousuf Cloth House Dera Murad Jamali; his old customer Shahal Khan son of Muhammad Murad with his nephew Ali Dost were busy in buying fabric; in the meanwhile at about 12:00 p.m., the accused persons Inayatullah (applicant), Muhammad Sharif, Muhammad Gul, Barfee Khan, Sawan Khan, Ahmed Din, Jan Muhammad by caste Lehri with firearms came to his shop and made Lalkara/challenged that today they will kill them; they started indiscriminate firing upon them, due to which his brother Khair Muhammad alias Khair Jan. Shafqat Ali and customer sustained bullet injuries and fell down, while he and Shahal Khan were miraculously saved; the accused continued firing due to which one passerby Mureed Ali son of Muhammad Qasim sustained bullet injuries, while his brother Abdul Rasheed miraculously saved from any firearm injury; later on, his brother Khair Muhammad alias Khair Jan and .customer Ali Dost succumbed to the injuries. The accused persons Jan Muhammad, Inayatullah and Sawan Khan fled away in their car bearing registration No.AXD-128, while Muhammad Sharif, Ahmed Din, Barfee Khan and Muhammad Gul decamped on their motorcycles.

3. After registration of FIR, the applicant was arrested. On completion of investigation the applicant was remanded to judicial custody.

4. The applicant filed bail application No. 263 of 2022 for grant of post arrest bail before the court of learned Additional Sessions Judge Nasirabad at Dera Murad Jamali which was declined vide order dated 04.07.2022. Hence, this bail application.

5. Learned counsel for the applicant contended that applicant is innocent and has no concern with the alleged offence; no specific role has been attributed to the applicant; the applicant has falsely been implicated in the instant case with mala fide; no recovery has been effected from his possession during the investigation: statements of eye-witnesses were recorded after delay of 25 days without explanation; investigation has been completed and he is no more required for further probe. Learned counsel for the applicant relied upon the case of Allah Bakhsh v. The State 2005 PCr.LJ 698, Habib and another v. The State 2009 YLR 1459, Khadim Hussain v. The State 2013 PCr.LJ 938.

7. Learned counsel for complainant and learned DPG strongly opposed the grant of post arrest bail to the applicant on the ground that in the promptly lodged FIR, the applicant has been nominated with role of firing; two persons were murdered and two were injured; delay in statements of eye-witnesses has been reasonably explained; section 302, P.P.C. is non-bailable offence; the applicant has not been falsely implicated; bail application filed by co-accused Jan Muhammad has been rejected by learned Additional Sessions Judge Nasirabad at Dera Murad Jamali.

8. I have heard learned counsel for the parties as well as learned DPG at length and have gone through the available record with their able assistance.

9. According to the contents of FIR and statements of eye-witnesses, the applicant has been implicated in the instant case with specific role of firing as a result of which two persons lost their life and two were critically injured; the alleged delay in recording statements of the injured/eye-witnesses under section 161, Cr.P.C. cannot be made a basis to grant bail to the applicant at this stage; the offence under section 302, P.P.C. is not bailable in nature.

10. The deeper appreciation of evidence at bail stage is not permissible under the law and only tentative assessment of the material on record is to be made. Reliance in this regard is placed on the case of Haji Gul Khan v. Gul Deraz Khan and others 1995 SCMR 1765. Tentative assessment of the material available on record prima facie reveal of incriminating evidence connecting the applicant with the commission of a heinous non-bailable offence The judgments relied upon by learned counsel for the applicant are distinguishable and same are not attracted in the facts and circumstances of the instant case. For the above reasons, the bail application is rejected. The observations made herein above are tentative in nature and same shall not influence the merits of the case at the trial. SA/171/Bal. Bail declined.