2013 PLP 2190 (YLR)

SALAHUDDIN PANHWAR, J.

Applicant seeks post-arrest bail in Crime No.64 of 2012, Police Station W.J.Shah under sections 302, 201 and 311 P.P.C.

2. Relevant facts are that on 24-8-2012, complainant SIP Muhammad Bachal Qazi S.H.O., Police Station Wasti Jiwan Shah on receiving spy information that "accused Amir Bux is about to kill his daughter Mst. Khalida in the name of honour killing;" along with staff reached near the house of accused; identified that applicant along with one unidentified person armed with gun and pistol was available there; and one lady was crying that "she is innocent and don't kill her" meanwhile applicant caused fatal gun shot injury to the lady, and she was thrown in Pat Feeder Canal by them; accused person escaped away. Complainant lodged F.I.R. investigation was carried out, applicant was arrested and sent up for trial.

3. Counsel for applicant inter alia contended that applicant is innocent; No recovery of dead body has been effected; F.I.R. is delayed about 28 hours without any plausible explanations; deceased was drowned in Pat Feeder Canal, where, she went to wash the clothes; applicant is father of deceased; hence due to mala fide intention police implicated the applicant.

4. Conversely, State Counsel argued that name of applicant transpires in F.I.R. with specific role; blood-stains earth was secured from the place of incident.

5. Heard counsel for respective parties and perused the record.

6. After consideration of contention of both parties and scanning the material available on record, it is manifest that applicant's name with specific role transpires in F.I.R; it is alleged that applicant with gunshot injury caused murder of his daughter deceased Mst. Khalida on the pretext of Karo-Kari (honour killing); blood-stained earth was recovered; though eye-witness are police officials, yet there such status is not sufficient to consider their version with doubt, specially, there is no ill-will of said witness against the applicant, where they have categorically supported the version of F.I.R. The perusal of available material prima-facie links the applicant/accused with commission of offence involving in case of capital punishment, therefore, suffice to say applicant has failed to bring the case, within subsection (2) of section 497, Cr.P.C. and it is authoritative proposition of law that an accused, charged with offence of capital punishment is not entitled to be released on bail unless he succeeds in bringing his case within the meaning of further inquiry.

7. Keeping in view the above tentative assessment, applicant is n entitled for post arrest bail, however, trial Court is directed to conclude the trial within six months from the date of receipt of this order.

8. Above are detailed reasons of short order dated 21-12-2012, whereby bail was dismissed. It may be noted that observation is tentative in nature and will not prejudice the case of either party. AG/A-63/K Application dismissed.