2012 PLP 665 (MLD)

SYED HASAN AZHAR RIZVI, J.

Case of prosecution is that the applicant/accused was arrested in F.I.R. No. 516 of 2010 when during the interrogation he disclosed/confessed before the police that one and half years back he along with his companions committed the murder of one Shabih Haider and thrown his corpse in Malir Nadi. On the admission of the applicant/accused police arrested him in F.I.R. No.7 of 2010 registered under sections 302/34, P.P.C. of Memon Goth Police Station. With regard to that F.I.R. the Police had already filed final report under Clause-A. The applicant/accused filed Bail Application bearing No.774 of 2011 before the District and Sessions Judge, Malir, Karachi, which was dismissed by the Ist Additional District Judge, Malir, Karachi on 31-10-2011 hence this Bail Application. Mr. Imtiaz Ahmed Shaikh learned counsel for the applicant has contended that the prosecution story is false and concocted, applicant/ accused is absolutely innocent and has been falsely implicated in the instant case by the police with mala fide intention and ulterior motives. He submits that initially the summary of the F.I.R. in the instant case was approved in A-Clause by the learned Judicial Magistrate, Malir, Karachi and thereafter, the applicant/accused was arrested in a different case and was arrested by the police in the present case on the basis of extra judicial confession, which is inadmissible in evidence under Articles 38 and 39 of the Qanun-e-Shahadat Order, 1984. He further submits that the applicant/accused is not guilty and bail cannot be withheld as a punishment. Mr. Muhammad Iqbal Awan learned A.P.-G. vehemently opposed the grant of bail and urged that the applicant/accused is fully involved in the murder of deceased Shabih Haider a young boy of 22 years, who was murdered on 14-1-2010 and his dead body was recovered from the Malir Naddi. He further submits that the present applicant/ accused took the police party to the place of incident and pointed out the place where offence of murder of the deceased was committed by him and other co-accused and dead body of the deceased was recovered. He further submits that charge-sheet, has already been submitted on 19-9-2011 in the Court of Sessions Judge and Sessions Case No.774 of 2011 is pending against the applicant and other co-accused, copy of charge-sheet has already been annexed as Annexure "C" with the Memo of Bail Application. He requested for rejection of bail application as the applicant/accused is not entitled for the grant of bail. I have heard Mr. Imtiaz Ahmed Shaikh counsel for the applicant, Mr. Muhammad Iqbal Awan learned A.P.-G. and perused the record with their assistance carefully. Applicant/accused shown/pointed out the place of incident in presence of witnesses where the deceased was murdered and his dead body was recovered. Applicant/accused admitted/confessed his involve-ment in the commission of offence. The applicant/accused has been charged with the heinous offence of killing of an innocent person, which offences are presently being committed very frequently by the criminals and such increase of the offences regarding killing of innocent persons is very alarming and the court has to keep in mind about the involvement of the accused/persons in such crime and to produce them before the competent court for the purpose of their trial. The full Bench of the apex Court took suo motu proceedings in Case No. 16 of 2011 against killing of innocent persons in the Karachi City. Although the name of the applicant/accused is not mentioned in the F.I.R. but the applicant led the police party to the place of incident, which connects him with the commission of offence. Unless the unknown killers of innocent persons are being dealt with in accordance with law and their cases be proceeded expeditiously in court the alarming law and order situation cannot be restored. Learned counsel for the applicant has failed to make out the case of the applicant for grant of bail, therefore, Bail Application is dismissed. However, learned trial Court is directed to frame charge and record statement of all the witnesses including complainant within a period of three months from the receipt of this order as all the witnesses are police officials except complainant. H.B.T./M-191/K Bail refused.