2010 PLP 678 (YLR)

MRS. QAISER IQBAL, J.

Applicant Wasim Ahmed son of Muhammad Saleem has applied for bail in Crime No.454/2006, under section 302, P.P.C. registered at Police Station Darkhshan, Karachi. His bail plea was rejected by learned VI Additional Sessions Judge, Karachi South, therefore, he has resorted to file the present bail application. Succinctly the case disclosed in the statement of complainant Shaukat Mehmood recorded under section 154, Cr.P.C. dated 1-10-2006 stating therein that he is the father of deceased Mst. Uzma, who had solemnized marriage with one Shahid, out of the wedlock one boy, aged about one and half years was born, subsequently, she was divorced. After seven months deceased Uzma had contracted marriage with applicant, soon after the marriage quarrels have occurred between them as the applicant had been persistently demanding money to meet his designs. Deceased Uzma was compelled to procure money on two occasions from her parents. The complainant has received information that his step-daughter Mst. Uzma was murdered in her flat situated in Badar Commercial Area, upon receiving such information he along with his wife went to the place of occurrence, after complying the formalities dead body of deceased was shifted to Jinnah Hospital for post-mortem, on the basis of the above report, the applicant and co-accused Shahid were connected in the commission of the crime. Mr. Saathi M. Ishaque, learned counsel for the applicant has invited my attention to the ocular account comprising of Mst. Bisian Jan Mother of the deceased and Mst. Adeeba Butt, a friend of the deceased to establish that the applicant has no nexus with the murder of Mst. Uzma, prosecution has failed to collect independent and incriminating evidence against the applicant. It is argued that co-accused Shahid has been admitted on bail by the trial Court on the basis of the affidavits filed by the deceased's parents, the case against the applicant requires further enquiry as contemplated under subsection (2) of section 497, Cr.P.C. Learned State Counsel has pointed out that at one stage police had resorted to file report against the applicant and co-accused Shahid for their release under section 497(2) of the Criminal Procedure Code. However, on the persistent efforts of the complainant the applicant and co-accused were connected in the commission of the crime. I have carefully considered the arguments advanced at bar and perused the record of the case. The ocular account persistently established that there was no evidence available with the prosecution, the complainant and his wife Mst. Bisian Jan had reached to the place of incident after receiving information from the police about the murder of their daughter, in absence of direct evidence strong circumstantial evidence is required to connect the applicant in the commission of the crime. From the statements of Shaukat and Mst. Bisian Jan recorded under section 161, Cr.P.C. it is only established that the deceased Mst. Uzma was in a difficult state of affairs after contracting marriage with the applicant as he had been compelling her to procure money from her parents, this may be a motive remote in nature as no circumstantial evidence is prima facie available on police record to suggest the applicant's implication in the commission of crime. I am conscious of the fact that deep scrutiny of evidence is not permissible at the bail stage yet on sifting of evidence collected by the police during investigation it cannot be conveniently presumed that prima facie the appellant is entitled to relief claimed. Having regards to the above facts and circumstances, I am inclined to extend benefit of subsection (2) of section 497, Cr.P.C. in favour of the applicant. Accordingly, applicant Wasim Ahmed is admitted to bail subject to furnishing solvent surety in sum of Rs.100,000 (Rupees one Hundred Thousand Only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Bail application stands disposed of. H.B.T./W-10/K Bail granted.