2012 PLP 1344 (YLR)

SALMAN HAMID, J.

Akmal son of Ajmal (Applicant) is booked in F.I.R. No.168 of 2011 of Police Station Shahra-e-Faisal offences punishable under sections 302 and 34 Pakistan Penal Code. Brief background of the case is that it was alleged in the statement recorded under section 164, Cr.P.C. (subsequently added in the F.I.R.) by one Shoaib Khan that he received a call that his nephew Uzaiir Malik, son of Shahid Malik received injuries and that he is admitted in Jinnah Hospital where he later on died. Motorcycle No. KDQ-8859 that was allegedly used for commission of offence was found in possession of the applicant from which place a bullet and two empties were also secured. It was argued by the learned counsel for the applicant that mere recovery of motorcycle was not enough to implicate the applicant inasmuch as that there was nothing other than the motorcycle incriminating the applicant and that it require further inquiry whether at the time of incident of killing Uzair Malik, applicant-used the motorcycle and that it is also not clear and/or has not come on record, which still require further inquiry, that indeed the bullet that was recovered along with two empties had been released from the licenced pistol recovered from the applicant from his house. Learned Addl. Prosecutor-General appearing for the State vehemently opposed the application and stated that circumstantial evidence is the best evidence and looking at the facts of the case it is clear the applicant used the motorcycle to kill Uzair Malik and then ran away which motorcycle was subsequently recovered from him. I have heard the learned counsel on either side have gone through the record. It is not the case of the prosecution that the pistol that was recovered from the applicant was un licenced and or no case under section 13-D Arms Ordinance is pending against the applicant and/or there was no F.I.R. registered in this respect. Ballistic report as of day to show that the two empties were released from the pistol of the applicant is on record. Merely that motorcycle was recovered from him is not enough evidence to show that the applicant was present at the time of incident and that he killed Uzair Malik. All this require further inquiry. In view of the above facts and circumstances, present case falls within the meaning of subsection (2) of section 497, Cr.P.C. and in my opinion require further inquiry. The applicant is, therefore, enlarged on bail subject to his furnishing a solvent surety in an amount of Rs.100,000 (Rupees One Hundred Thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court. This application is disposed of accordingly. M.W.A./A-26/K Bail granted.