2020 P Cr (PLP)

MALIK HAQ NAWAZ, J.

The petitioners have sought the concession of post-arrest bail in a case under sections 302/34, P.P.C. vide FIR No. 62/2017 of Police Station Basin, District-Gilgit.

2. This case has an interesting and chequered history, which in brief is, that initially the local police arrested 07 (seven) accused and after investigation they were released under section 169, Cr.P.C. On 04-08-2017, father of deceased namely Musa Khan made a supplementary statement and accused Nabi Shah was arrested on 06-08-2017. Accused Nabi Shah during investigation disclosed the names of his 04 (four) co-accused namely Irfan son of of Fida Hussain, Wajahat Ali son of Rustam Khan, who were arrested Ashfaq Hussain son of Hussain Ali and Kifayat Hussain son of Shaheen Khan, while two of the co-accused namely Sultan and Mst. Rabia were declared absconders. The challan after completion of the investigation was submitted against the above named accused. During investigation one 30 Bore Pistol was recovered on the pointation of accused Nabi Shah. The above accused except Nabi Shah were allowed bail by this Court.

3. The complaint took a complete "U" turn, when he submitted an application to the highups of the police for re investigation of the case. As a result of re-investigation the present petitioners were arrested and have been committed to judicial lockup to stand trial after completion of investigation.

4. The learned counsel for the petitioner submitted that FIR No.62/2017 dated 23-07-2017 was lodged on the written application of the complainant Musa Khan, who is father of deceased. On 08-04-2017 the complainant again got recorded a supplementary statement and on the basis of said statement the accused Nabi Shah and 04 (four) other co-accused were arrested, interrogated and were challaned. The complainant again submitted various applications to the IGP Gilgit-Baltistan and SSP Gilgit for re-investigation, which was conducted and the present petitioners as another set of accused have also been challaned. The learned counsel submitted that the present petitioners have been booked falsely and there is no worth reliance evidence against the petitioners. The case of the petitioners is one of the further inquiry falling under section 497(2), Cr.P.C.

5. The learned Dy. Advocate General and the learned counsel for the complainant submitted that the petitioners are charged for an offence which carries capital punishment. Per Dy. Advocate General the investigation of the case was carried out honestly and fairly and no malice is attributed to any of the investigating officer for false implication of the petitioners/accused in the case of such a heinous nature.

6. The above narration of facts suggest that the complainant has been changing his version from time to time, which resulted into multiple investigation and arrest of a number of accused. Accused Nabi Shah and 04 (four) accused are facing trial in the same case. Now another set of petitioners/accused have been sent to stand trial on the same accusations. The learned trial Court has to decide, which of the evidence is to be rejected and which is not to be accepted after weighing the same on Judicial scale and scrutiny. The case of the present petitioners is one of the further inquiry and they are admitted to bail subject to furnishing bail bond of Rs. 500000/- (Five lac) with two sureties each in the like amount to the satisfaction of learned trial Court. ADN/128/GB Bail granted.