2009 PLP 1220 (YLR)

KHAWAJA NAVEED AHMED, J.

This is second bail application moved on behalf of the applicant Muhammad Haroon in this court. Earlier his bail application was dismissed as not pressed, vide order dated 28-11-2007. While disposing of the Bail Application No.942 of 2007, I had given following directions to the trial court:-- Let three witnesses, namely, Saqib, Muhammad Siddiq and Baby Ariba (daughter of deceased) be examined by the trial court within two months and thereafter the applicant will be at liberty to move the fresh bail application in the trial court. The brief facts of the case are that on 11-3-2006 at 0500 hours one Muhammad Siddiq had lodged F.I.R. at Police Station Kharadar through statement, recorded under section 154, Cr.P.C. at Patel Hospital Burns Ward ICU, Gulshan-e-Ilqbal, Karachi at 0350 hours. The complainant has stated that he resides at Flat No.12, Hanifa Mansion, Bantwa Gali, Leamarket and owns a shop of stationery at Kharadar. On 10-3-2006 after closing his shop he had reached at his house at about 7-45 p.m. and after a little time of his arrival, his son-in-law Muhammad Haroon called him and asked the complainant to reach his (son-in-law's) house. The house of complainant's son-in-law is at a five minutes walking distance. The complainant reached there on his foot. He found mohallah women assembled outside the house of his daughter Sadia. The complainant's daughter's Sadia aged about 30 years was lying unconscious due to burns injuries. The complainant took his daughter to Bantwa Hospital, Kharadar, in a rickshaw. The complainant had stated that his daughter Sadia has told him that her husband Muhammad Haroon had beaten his daughter Sadia and has also threatened to kill her. The complainant had shown his suspicion that his son-in-law Muhammad Haroon has burnt the complainant's daughter Sadia. Police had taken up investigation arrested and challaned the accused. His first bail application was disposed of with direction mentioned above. In compliance of direction given by me, the trial court examined all the three witnesses, mentioned in the order passed on 28-11-2007. There is dying declaration in this case, made by deceased Sadia implicating the present applicant Muhammad Haroon in this case. On 3-9-2008 while hearing this bail application I had directed to examine Dr. Yahya, Incharge ICU in whose presence Dying Declaration was recorded. He has been examined. Mr. Aamir Mansoob Qureshi, learned counsel for the applicant has argued that the dying declaration is of no avail to the prosecution as it has been made in presence of the deceased relatives. He has further stated that the applicant had burnt his own fingers of the hands while extinguishing fire upon his wife Sadia. He has stated that the applicant himself informed his father-in-law Muhammad. Siddiq about the incident. He has further stated that Dr. Yahya's statement in court does not support the prosecution version regarding the Dying Declaration. The complainant Muhammad Siddiq was present in person. He filed statement as well as diary sheet of the lower court dated 16-9-2008. He has also filed statement of DDPP, closing the prosecution side on 16-9-2008. The complainant has stated that now the case is fixed for statement of accused on 24-9-2008. Mr. Muhammad Bux, learned counsel for the State has strongly opposed the bail application on the ground that the prosecution has closed its side and the case is fixed on 24-9-2008 for statement of accused. Learned counsel for the State has submitted that at this advance stage of the case, the superior courts are always reluctant to grant bail. In reply to the contention of Mr. Muhammad Bux, learned counsel for the State, Mr. Aamir Mansoob Qureshi, learned counsel for the applicant has relied upon an unreported order of Justice Mrs. Qaiser Iqbal, passed in Criminal Bail Application No.6141 of 2008 (Syed Qaiser Hussain v. The State) wherein she had granted bail to the accused in murder case at advance stage of the case. I have perused the prosecution case as well as heard the learned counsel for parties and have also gone through the case law relied upon by learned Advocate for the parties. In my humble opinion at the advance stage of the case the superior court should refrain from passing any order on the bail application as any finding on the tentative assessment of evidence by the superior court may prejudice the case of either party at the trial. Keeping in view this principle in my mind I refrain from making any observations regarding merits of the case at this stage as any observation made by me may prejudice the case of either party at the trial. Moreover the trial court has very efficiently complied with the direction of this court. I appreciate the efforts made by the learned trial Judge for concluding the prosecution evidence within stipulated time. I, therefore, without expressing any opinion regarding merits of the case dismiss this bail application on the sole ground that the case is now ripe for judgment. The trial court is expected to decide the case of applicant Muhammad Haroon expeditiously. N.H.Q./M-166/K Bail refused.