2020 PLP 55 (YLRN)

ALI BAIG, J.

Through the instant bail petition filed under section 497, Cr.P.C., the petitioner namely Abdul Wadood seeks post arrest bail in case FIR No.18/2019 dated 26-08-2019, registered under sections 302/109/34, P.P.C., at Police Station Jail, District Diamer, at the instance of one Altaf resident of Thak, the complainant.

2. Succinctly, prosecution case as narrated in the FIR is that on 25-08-2019, after Isha Prayer, petitioner invited deceased Mohammad Tufail and took him to his house and he spent night at the house of petitioner. At about 10:20pm, the complainant heard a report of fire shot and in the morning time, it has come to the knowledge of complainant that Mohammad Tufail was murdered by Monaf and Abdul Qadir, sons of petitioner, at the roof top of home of petitioner and have thrown dead body in a street. Motive behind the occurrence is statedly to be illicit relations of the deceased with the wife of Alauddin namely Mst. Safina.

3. The learned counsel appearing on behalf of the petitioner has contended that the petitioner/accused is innocent and the complainant in league with police has falsely implicated the petitioner in this case with mala fide intention. The learned counsel for the petitioner has further contended that there are contradictions in the statement of PW and recovery memo of blood stained shirt of the deceased. The learned counsel for the petitioner has further argued that petitioner was not present at his home at the time of occurrence rather he was present at Chilas, therefore, the case of petitioner requires further inquiry and petitioner is entitled for concession of post arrest bail.

4. On the other hand, the learned Deputy Advocate General has controverted the arguments advanced by the learned counsel for the petitioner and contended that the petitioner/accused has directly been nominated in the promptly lodged FIR with specific role. The learned Deputy Advocate General has further argued that in presence of witnesses, the deceased was invited by petitioner to his home and offence under section 302, P.P.C. falls within the ambit of prohibitory clause of section 497, Cr.P.C. The learned Deputy Advocate General has further submitted that medico legal report also supports prosecution version and motive behind the occurrence has been disclosed in the FIR and the petitioner is not entitled for concession of bail at this stage.

5. I have heard arguments of the learned counsel for the parties and perused the available record with their able assistance.

6. From perusal of record, it transpires that the petitioner/accused is directly charged in the promptly lodged FIR with specific role. Offence under section 302, P.P.C. falls within the ambit of prohibitory clause of Section 497, Cr.P.C. and motive behind the occurrence has been disclosed in the FIR. The eye-witness namely Maqsoodullah son of Fazal Karim has stated in his statement recorded under section 161, Cr.P.C. that on 25-08-2019, he was coming along with the deceased and the petitioner from mosque after offering Namaz Isha and at that time the petitioner invited the deceased and took him to his home; hence, the petitioner is prima facie connected with the commission of offence. The learned counsel for the petitioner has mainly contended that there are contradictions in the statement of PW and recovery memo. In this connection, it is observed that deeper appreciation of evidence is not permissible at bail stage and only tentative assessment of incriminating material collected by the prosecution during investigation is to be made at bail stage.

7. For what has been discussed above, this petition being bereft of merit is dismissed and bail of petitioner is declined. File. ADN/4/GB Petition dismissed.