2013 P Cr (PLP)

SADIQ HUSSAIN BHATTI, J.

Applicant Manzoor Ali has sought bail in Crime No.33 of 2010 registered at Police Station Pabjo registered under sections 302, 404 and 34, P.P.C. The brief facts of the case are that on 27-9-2010 at about 1230 hours complainant Ghulam Raza Jamali approached Police Station Pabjo and registered the F.I.R. alleging therein that he owns Motorcycle CD-70 which his son Nadeem aged about 17/18 years used to ply on hire basis at Bandhi Stop. On 24-9-2010 the complainant came at Bandhi city with some personal work where he inquired from his relative Ghulam Hussain about his son Nadeem who told him that at about 3-30 p.m. Nadeem had gone on hire with an unknown person to village Leemo Khaskheli, the complainant returned to his village when his son did not return back till late night he along with his brother Ghulam Hussain and other villagers went to village Leemo Khaskheli to search his son but could not find. On 25-9-2010 the complainant party saw dead body of the Nadeem at Sim Nala having firearm injuries at his chest but the motorcycle was missing. On information police reached at the spot and after completing necessary formalities the dead body was removed towards Bandhi Hospital where post mortem was conducted and the doctor disclosed that the deceased was died due to firearm injury. The dead body was buried and the complainant remained in search of the murderer. It was further alleged that for about six months the complainant had some dispute with Ayoub Jamali over a plot and there were cases registered against each other and in that rivalry the complainant was issued threats for dire consequences and the deceased under conspiracy was hired with his motorcycle by some unknown person and after torture was killed with firearm weapon by applicant and his other companions. Such F.I.R. was registered. During the course of investigation applicant was arrested on 29-9-2010. Subsequently a bail application was moved on his behalf before learned Sessions Judge Shaheed Benazirabad which was declined on 14-3-2011 hence the present bail application. Learned counsel for the applicant contended that the applicant has been involved in this case due to enmity. There is delay in lodging F.I.R. for which no plausible explanation is given by the complainant. The post mortem report of deceased did not show any injury except fire-arm injury. The medical evidence did not support the ocular version of the complainant. There is no any recovery from the applicant hence the case of the applicant requires further inquiry as envisaged under section 497(2), Cr.P.C. Finally he prayed for bail to the applicant. Learned APG vehemently opposed the bail to the applicant. Admittedly the alleged incident is unwitnessed as nobody has seen the commission of alleged crime and accordingly circumstantial evidence has been advanced. The name of the applicant/accused is mentioned in the belated F.I.R. on the basis of mere suspicion of previous dispute over a plot and complainant has mentioned that accused party had extended threats of dire consequences. During the course of investigation police recorded the statement of one P.W. Atta Muhammad a co-villager of complainant on 5-10-2010 after a lapse of 10 to 12 days of the incident. According to P.W. Atta Muhammad while he was returning to his village on 24-9-2010 at about 9-00 p.m. and when reached near the place of incident he identified the present applicant/accused armed with pistol along with co-accused in the moon light. One of the accused threatened him to keep away from them and P.W. Atta Muhammad after sometime heard the firearm shot. The applicant was arrested by police on 29-9-2010 thereafter being in custody of police produced one pistol along with magazine concealed in the cluster of Lai Bushes after two weeks of his arrest. Considering all the above facts and circumstances, I am of the considered opinion that commission of this murder case requires further inquiry in terms of section 497(2), Cr.P.C., as deciding this bail application it is settled law as enunciated that no deeper appreciation of evidence can be gone into at bail stage as deeper appreciation can prejudice the main trial at bail stage. Accordingly this bail application is allowed, the applicant/accused Manzoor Ali be released on bail upon his furnishing solvent surety in the sum of Rs.2,00,000 and PR bond in the like amount to the satisfaction of trial Court. MWA/M-72/K Bail allowed.