2002 P Cr (PLP)

Syed Mir Muhammad for Petitioner. Muhammad Safdar Khan for Respondent. Akhtar Naveed, Dy. A.‑G. for the State. Date of hearing: 4th December, 2001. Having been involved in case registered vide F.I.R. No.79, dated 17‑2‑1997 under sections 302/324/34, P.P.C. at Police Station Daud Zai, the accused‑petitioner submitted an application for his release on bail in the Court of learned Additional Sessions Judge, Peshawar, which was dismissed vide order, dated 12‑10‑2001. He has now moved this Court for his release on bail.

2. On the day of occurrence complainant alongwith P.W. Muhammad Iqbal and deceased Rai Wali Khan were busy in their fields in routine work. In the meanwhile accused Ghazi‑ur‑Rehman, Habib‑ur Rehman and Ghani‑ur‑Rehman sons of Fazal‑ur‑Rehman and Bukhari son of Ghazi‑ur‑Rehman co‑villagers of the complainant duly armed came to the spot and with intention to kill started firing at the complainant party and with the firing of the accused deceased Raj Wali Khan was hit and expired on the spot while complainant and P. W. Muhammad Iqbal escaped, unhurt. Motive for the occurrence is land dispute between the parties.

3. I have heard Syed Mir Muhammad, Advocate representing the petitioner, Muhammad Safdar Khan, Advocate representing the complainant, Malik Akhtar Naveed Dy.A.‑G. for the State and perused the record.

4. Accused‑petitioner stands directly charged in promptly lodged F.I.R. for mounting attack with three other co‑accused duly armed with deadly weapons as a result of which Raj Wali Khan was murdered and complainant Jamroz Khan as well as eye‑witness Iqbal Khan escaped unhurt. Parties belonged to the same village and the occurrence took place in broad daylight, therefore, the question of mistaken identity does not arise. Three empties of 7.62 bore and blood‑stained earth were recovered from the spot which show that the ocular evidence is in line with the prosecution case. Medico‑legal/post‑mortem report shows that there were in all five entry wounds on the person of deceased. This fact too supports the prosecution case. Muhammad Iqbal, eye‑witness, in his statement recorded under section 161, Cr.P.C. has also fully supported the case of prosecution.

5. The occurrence took place on 17‑2‑1997, whereas the accused -petitioner was arrested in a raid conducted by the police on 8‑7‑2001. He remained fugitive from law for four years and five months and there is no explanation available on file as to why did he remain absconder. The unexplained long abscondence for four years and five months disentitles him from the concession of bail. Reliance in this regard it placed on Sher Ali v. The State 1998 SCMR 190 and Suhrab and others v. The State 2001 PCr.LJ

366. I am, therefore, not inclined to release the accused‑petitioner on bail. Resultantly this application is dismissed. N.H.Q./452/P Bail refused.