2009 PLP 38(2) (YLR)

FARRUKH ZIA G. SHAIKH, J.

Applicant Taj Muhammad alias Tajan has filed this Application under section 497, Cr.P.C. seeking bail, who is required in F.I.R. Crime No.79 of 2007 registered at Police Station, Sohhodero, District Khair pur, for an offence under section 302/34, P.P.C. In brief, the facts leading to this bail application are that the case was initiated on an F.I.R. lodged by Complainant Nawab Chano on 15-6-2007 alleging therein that on 14-6-2007 at 10 pm Taj Muhammad (Applicant), co-accused host Ali and two unknown persons took away his son Abdul Rasheed from the house with them, in presence of Complainant, Dur Muhammad and Warrayal alias Allah Warrayo and thereafter his son did not return. He started searching and ultimately he found the dead body of Abdul Rasheed lying in the land of Mehar Chano. Complainant party took the foot prints from the place of murder, which ended in the house of Taj Muhammad (Applicant); hence the F.I.R. was lodged. Mr. Shaukat Ali Phul, learned Counsel appearing on behalf of the applicant contended that the applicant is innocent and has been involved in this case falsely due to enmity, which has been admitted by the Complainant in the F.I.R. He argued that this is a unseen and un-witnessed incident as there is no direct evidence against the Applicant to saddle him with the liability of murder of deceased Abdul Rasheed. He added that co-accused Qaimuddin has already been granted bail by the trial court, therefore, on the basis of principle of rule of consistency also the Applicant is entitled to bail. In support of above contention he relied upon the case of Ramzan v. The State 2007 PCr.LJ 1572 and requested for the release of Applicant on bail as the case calls further enquiry. Mr. Agha Ather Hussain, learned Assistant Advocate General Sindh appearing on behalf of the State has vehemently opposed to the grant of bail on the ground that the Applicant is specifically named in the F.I.R.; that he along with other co-accused in presence of Complainant and other P.Ws. took Abdul Rasheed from the house at 10 pm night and thereafter deceased did not return to his house; that the P.Ws. Allah Warrayo alias Warrayal and Dur Muhammad, in their statements, have fully implicated present applicant. He stated that applicant does not deserve bail; hence this Application be rejected. Heard the arguments of Mr. Shaukat Ali Phul, learned Counsel appearing on behalf of the applicant and Mr. Agha Ather Hussain, learned Assistant Advocate General Sindh appearing on behalf of the State and with their assistance I have perused the material available on record. It is an admitted position that present applicant along with other co-accused Dost Ali and two unknown persons, in presence of the Complainant, P.Ws. Dur Muhammad and Warrayal alias Allah Warrayo took away deceased Abdul Rasheed (son of the Complainant) from the house at about 10 pm (night) and thereafter deceased did not return to his house and on search, his dead body was found lying in the land of Mehar Chano. The above named P.Ws in their statements recorded under sections 161, Cr.P.C. as well as 164, Cr.P.C., have fully implicated the present applicant, in this case. The case law cited above, is distinguishable from the facts and circumstances of the case in hand. No case for bail is made out. Consequently, I dismiss the Bail Application. These are the reasons of my short order, dated 4-11-2008, whereby I had dismissed the Bail Application. H.B.T./T-16/K Bail refused.