2017 P Cr (PLP)

MALIK HAQ NAWAZ, J.

Briefly, the petitioners are accused of FIR No. 15/2016 dated 17.08.2016, under section 302, P.P.C. registered at Police Station Tangir, with the allegations that Sher Afzal son of complainant Raj Mir, who went to attend the marriage ceremony of one Irshad Iqbal was found missing therefrom on 18.08.2016 and his dead body was found lying in the nearby field of one Shah Tamas on the following morning.

2. As evident from the contents of FIR the complainant did not raise finger of suspicion against anybody and the petitioners were arrested during investigation.

3. The petitioners applied for bail in the Court of learned trial Court which was refused vide order dated 16.12.2016 and being aggrieved from the said order/judgment the petitioners have come to this Court for grant of bail.

4. The learned counsel for the petitioners submitted that the accused have been falsely implicated in the case due to mala fides of the complainant as the occurrence is a night occurrence and no motive has come on record which may have been the reason for commission of murder. The statements of the PWs, have been recorded with delay without any tangible explanation and the benefit of such delay is to be resolved in favour of the petitioners.

5. On the other hand the learned Addl. A.G. Mir Muhammad and counsel for the complainant stated that there is ample evidence with the prosecution that there was a strong motive, which prompted the petitioner to commit crime. The deceased was a young boy of 18/19 years, who has been murdered, as petitioner Iqbal was interested to marry with the wife of deceased Sher Afzal, who is also sister of petitioner Rajdar. The Addl. A.G. submits that the offence falls within the prohibitory clause of section 497, Cr.P.C., and being involved in a heinous offence the petitioners are not entitled for the concession of bail. They relied on 2011 PCr.LJ 1832, 2002 PCr.LJ 1114, 1998 PCr.LJ 1455 and 1998 PCr.LJ 1455.

6. Arguments heard and record perused. It is mentioned in the FIR and the statements of PWs that deceased Sher Afzal was invited in the wedding ceremony of one Irshad Iqbal. The sister of petitioner Rajdar was in the wedlock of deceased Sher Afzal and as evident from the statements of PW Sher Azam son of complainant Raj Mir a real brother of deceased, the petitioner Muhammad Iqbal was bent upon to take the life of deceased as he was interested to marry with the wife of deceased Sher Afzal, who is real sister of petitioner Rajdar and they were waiting for an opportunity to eliminate the deceased. On the fateful night all the petitioners took the deceased on the false pretext of dance and murdered him there. The deceased in the night of occurrence at about 2359 hours was last seen in the company of the petitioners and was never seen alive thereafter. In this context the statements of Mst. Asia, Mst. Nargis and Mst. Sumbul are on record in the shape of last seen evidence, which though a circumstantial evidence but cannot be brush aside lightly. The last seen evidence is natural and reliable as all the witnesses of last seen were present in the house of Irshad Iqbal on his wedding ceremony and have seen that deceased had left the house of Irshad Iqbal in the company of accused persons.

7. While deciding a question of bail if on tentative assessment of ocular or circumstantial evidence, the Court comes to conclusion that there were some reasonable grounds to believe that an accused was prima facie linked with the offence punishable with death or imprisonment for life, accused should be refused bail but in alternate if the Court comes to the conclusion that there are reasons to believe that some further probe is necessary regarding the accusation leveled against the accused and the involvement of an accused requires further probe, his case should be treated as one of the further inquiry.

8. In view of above discussion, there exists a prima facie case against the petitioners/accused and they were rightly refused bail by the trial Court. The order/judgment of trial Court dated 16.12.2016 is upheld and the petition is declined. JK/1/GB Bail declined.