2007 P Cr (PLP)

MUHAMMAD MOOSA K. LEGHARI, J.

Applicant is seeking bail before arrest for being implicated in the offence of murder of deceased Dur Muhammad as per F.I.R. dated 18-4-2006, registered at Police Station Town Mirpurkhas, on the complaint of Mushtaq Ahmed vide Crime No.53 of 2006. It is contended on behalf of the applicant that the version given in the F.I.R. is not supported by the circumstances, the applicant has been falsely implicated in the case on account of admitted enmity, the applicant was a chronic diabetic patient and remained hospitalized from 15-4-2006 to 21-4-2006, he was unable to ride a motorcycle due to ailment, the Investigating Officer has accepted the plea of alibi raised by the applicant after verifying the record from the hospital, one empty shell was recovered from the place of Wardat and that the applicant was placed in Column No.II by the police in the final challan. Learned Additional Advocate-General Sindh, submits that the contentions raised on behalf of the applicant were incontrovertible, thus, it is a case of further inquiry. Therefore, he does not oppose the confirmation of pre-arrest bail. Bail plea was however, vehemently opposed by learned counsel for the complainant contending that the applicant and all other accused persons caused cold-blooded murder of the deceased on account of established enmity in order to avenge the murder of deceased Khalid, as the enmity cuts both ways, the hospital record was managed and manipulated and the documents placed on record were unreliable. Moreso deeper appreciation of evidence at bail stage was not warranted thus, the applicant was not entitled to the 'grant of pre-arrest bail. Contentions put forward have been considered and the material placed on the record has been perused. The enmity between the parties is admitted. Admittedly one empty shell was secured from the place of Wardat and the deceased sustained single injury. The perusal of F.I.R. reveals that specific role of straightly firing at the deceased has been attributed to co-accused. Indeed the tendency of roping in, of a number of people with the purpose of mounting pressure upon the accused party for an offence even if committed, single handedly, is not uncommon in this part of the country. This customary habitude is hardly ignorable. In the given circumstances, the probable presumption of motive of implication on the part of prosecution is obviously evident. Certainly the deeper appreciation of evidence is not admissible at the bail stage, nevertheless, the plea of alibi which seems to have been raised at the very initial stage, could not be lightly brushed aside. However, that has to be properly appreciated and thrashed out at the trial. Last but not the least the name of the applicant has been placed in Column No.II of the charge-sheet, thus, making the case of the applicant of further inquiry. In view of the above circumstances, the bail application is allowed. The interim pre-arrest bail granted to the applicant is confirmed. H.B.T./F-24/K Bail confirmed.