2012 PLP 1702 (YLR)

LIAQAT ALI SHAH, J.

The accused-respondent namely, Fazal Rabi, is charged alongwith his brother Gul Nabi for the qatl-e-amd of deceased Jehangir in F.I.R. No.141 dated 4-10-2009 under sections 302/324/34, P.P.C., Police Station Regi District Peshawar. He was granted bail by the lower forum and complainant, Najeebullah, through the instant petition seeks cancellation of the same.

2. The matter was reported to the police by complainant Najeebullah father of the deceased wherein he alleged that on the night of occurrence he was present along with other inmates in his house when in the meanwhile somebody knocked at the door on which he came out and saw the present respondent along with his brother Gul Nabi duly armed were standing there and both of them on seeing him started firing at him. In the meanwhile, his son Jehangir also came out who was hit with the fire shot of Gul Nabi and died on the spot whereas the complainant escaped unhurt. Motive for the offence, as is given in the F.I.R., is money dispute.

3. Learned counsel for the complainant argued that the presence of complainant is established with his son in the hospital at the time when he made report in the KTH; that the occurrence had taken place on 3-10-2009 at 2130 hours and the report was recorded in the hospital at 00-15 hours on 4-10-2009, as such, it is a promptly lodged F.I.R. Next contends that the spot is close to the house of the complainant and according to the F.I.R. on knock the complainant had come out and saw the accused which exclude the possibility of misidentification and lastly that the accused-respondent remained absconder therefore, warrant under section 204 and proclamation under section 87, Cr.P.C. were issued and proceedings under section 512, Cr.P.C. were also initiated against him.

4. The learned State counsel also supported the cancellation of bail though half-heartedly.

5. On the other hand learned counsel for the accused-respondent states that he is innocent and falsely charged and that the accused-respondent voluntarily surrendered before the police.

6. I have considered the arguments of learned counsel for the parties and gone through the record.

7. It is an undeniable fact that two real brothers are charged and effective role has been assigned to the one who is yet absconder. The postmortem report would show that only one inlet wound was found on the right side chest of the deceased. There are some other aspects of the case as well but I would restrain to comment upon even tentatively. Bail has been granted by a court of competent jurisdiction that too for valid reasons to which no exception can be taken. Keeping in view the grounds which prevailed with the learned lower court, I do not find it a fit case for interference by this court. This bail cancellation application as such, stands dismissed. M.W.A./83/P Application dismissed.