2012 PLP 2427 (YLR)

MAQBOOL BAQAR, J.

Through the instant bail application the applicant/ accused Zakir Hussain son of Muhammad Shah has sought his admission to bail in Crime No.929 of 2010 registered at Police Station Preedy Karachi for an offence under sections 302, 109,324 353, 427, 34 P.P.C. The brief facts as narrated in the P.I.R. registered on 17-8-2010 at Police Station Preedy are that on the said date at 0005 hours DSP Nawaz Ranjha on his way back from Khaliq Dina Hall, where he was on security of Taraveeh congregation, reached NJV School along with his driver HC Jehangir he came under fire and the S.H.O. who too was on patrolling duty after hearing gunshots reached at the spot found the DSP Nawaz Ranjha and his driver lying dead in a pool of blood in their car. The S.H.O. also found a passer-by namely Bilqees injured. Witnesses present at the crime scene namely Ahmed, Ghulam Mustafa, Syed Saddam Hussain, Madhan and few other stated that at 0005 hours while they were present at the gate of NJV School for cleaning, one red colour car intercepted the vehicle of DSP Nawaz Ranjha thereafter 5 persons riding on motorcycles, out of whom four persons were sitting on two motorcycles and one on the third one, fired towards the car of the DSP Nawaz Ranjha with their pistols and flee away towards Tibet Centre, M.A. Jinnah Road. The witnesses said that they can identify the culprits, if brought before them. The present applicant/accused has been implicated in the crime on the basis of statement of co-accused Syed Abu Irfan who during interrogation disclosed that since the deceased DSP during the period from 1994-1995, while he was serving as S.H.O. Gulbahar, had initiated cases against the workers of MQM and had also arrested them therefore, accused Adeel Agha alias Agha Hussain ordered the accused and his accomplices to kill the DSP and it was on such instructions that they carried out the deadly assault. Learned counsel for the applicant/accused submits that the applicant is innocent and has falsely been implicated in the crime. He submits that the only purported material obtained by the investigation so far is a mere so-called statement made by the alleged co-accused Syed Abu Irfan before the Investigation Officer and absolutely nothing more can be obtained against the applicant though the incident, as noted above allegedly occurred on 17-8-2010 and the present applicant/ accused has remained in custody since 26-9-2011. He further submits that it is now well-settled principle of law that statement of a co-accused made before a Police officer is of no evidentiary value and no conviction can be awarded on the basis of such statement alone. He submits that as submitted earlier, except the above statement, there is no other material to connect the applicant with the crime and there is hardly any likelihood of the applicant being convicted. On the other hand, the learned D.P.-G. opposes the grant of bail to the applicant. He submits that the applicant is a hardened criminal and is involved in series of heinous and violent crimes and referred to the fact that numerous Police personnel have been brutally murdered for their role and involvement in the so-called Karachi operation and submitted that keeping in view the present precarious law and order/ security situation in the city, which is degenerating and deteriorating by passing single day, it will not be safe to enlarge the applicant on bail. As noted above, except for the statement of a co-accused recorded by the Investigation Officer, there is no other material implicating the applicant in the present crime. It is now well settled principle of law that accused cannot be convicted on such statement alone. Despite the fact that the applicant/accused was arrested way back on 26-9-2011 still the Investigation Officer has not been able to procure any further material against the accused as yet. The applicant/accused, in the circumstances of the case, is entitled to be admitted to bail, however, looking to the fact that the applicant is involved in several serious criminal cases and keeping in view the worsening law and order situation in the city, we would, though admit the applicant/accused to bail, but upon his furnishing surety in the sum of Rs.3.00 million (Rupees Three Million only) and a bail bond in the like amount to the satisfaction of the trial Court. MWA/Z-9/K?????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.