2010 PLP 2004 (YLR)

MUNIB AHMED KHAN, J.

This is an application for bail. Learned counsel submits that the trial Court has dismissed the bail application without considering the factual controversy, which was brought on record. He submits that from the F.I.R., it appears that unknown persons have killed two persons and that further evidence, which has been gathered, has strong controversy. He submits that the statement of Badshah Khan, father of one of the deceased Waheed Khan, was recorded twicely on 19-11-2004 and in one statement he stated that his son was murdered by Gulistan and his father Gul Muhammad and that they have also supplied arms for that purpose. Learned counsel further submits that the only evidence, which has been gathered through Badshah Khan, is a hearsay evidence that some vendors of eatable items had disclosed that deceased Waheed and Khuriam were abducted and they left Mahmood and Aamir. He submits that, in such a situation, Mahmood and Aamir were important eye-witnesses but statement of Aamir was not recorded while Mahmood in his 161 statement has stated that he is not aware as to who were the persons who abducted deceased Waheed and Khurram. Learned counsel has further pointed out statement of one of the witnesses Furqan, who was in hotel but he has said that he is not aware as to who has killed the deceased persons. Learned State counsel has not disputed the factual position coming out from the statements of the witnesses but he submits that it is a double murder case and at the most direction be given for expediting the matter. After hearing the learned counsel, it appears that the applicant is in jail for the last about four years while only charge has been framed on 6-12-2006. The factual position involved shows that the deceased along with other witnesses were involved in gambling and one of the witnesses Furqan admitted that they used to take liquor. The only material witnesses in this case could be Mahmood and Aamir but it is strange that Aamir's statement has not been recorded while Mahmood has totally denied the factual position. Other witness Furqan is also not supporting the prosecution. The statement of Badshah Khan is also in conflict with his another statement. He has also said in his statement that some other persons namely Gulistan and Gul Muhammad have killed his children. In all this factual controversy and keeping in view the duration of jail of the applicant, it seems that the case needs further investigation and the applicant is admitted to bail in the sum of Rs.3,00,000 (Rupees Three Lacs Only) and PR bond in the like amount to the satisfaction of the trial Court. H.B.T./G-13/K Bail granted.