2014 PLP 1033 (YLR)

SHAH JEHAN KHAN AKHUND-ZADA, J.

Accused-petitioner, Sajjad Hussain facing prosecution in case F.I.R. No.439 dated 22-4-2012 registered under section 302, P.P.C., at Police Station, Agha Mir Jani Shah, Peshawar was refused bail by the Courts below and now, he has come to this Court for his release on bail.

2. Short facts of the case are that on 22-4-2012 at 21.20 hours Muhammad Bakhshish, complainant in the Casualty of Lady Reading Hospital, Peshawar reported the matter to the police to the effect that he and his deceased son Muhammad Zubair visited the house of their relatives situated at Wali Abad and his son had gone outside for some work and after a while the complainant came to know that his son Muhammad Zubair is lying murdered in L.R.H., Peshawar. On this information, he went to L.R.H. Peshawar and found his son murdered. Regarding the motive, he has stated that Mst. Sumaira had contracted marriage with his son on which the brother of the said lady, namely, Sajjad Hussain was annoyed and he has murdered his son. He charged the accused, Sajjad Hussain for the murder of his deceased son.

3. I have heard the learned counsel for the parties and have gone through record of the case.

4. Perusal of the record shows that except the only allegation against the accused-petitioner that he was annoyed on the marriage of his sister Mst. Sumaira with the deceased and due to this annoyance he has committed the murder of the deceased, there is nothing on record to show that the accused-petitioner is connected with the commission of offence. Moreover, there is also statement of one Haji Sattar Hussain on the file recorded under section 161, Cr.P.C. wherein he has stated that Sajjad Hussain, accused-petitioner had murdered the deceased by firing at him through pistol in front of his shop but this alleged most important P.W. is not ready to support the prosecution and to this effect he has furnished affidavit available on the file of lower Court wherein he has denied to have charged the accused-petitioner for the murder of the deceased. At this stage, it will not be expedient to express any opinion upon the veracity of this witness, less the same may not prejudice the case from other side at trial. However, an affidavit on his behalf showing his ignorance regarding the murder of the deceased by the accused person makes this case one of further inquiry and as such it falls within the ambit of section 497(2), Cr.P.C. which entitles the accused-petitioner to the concession of bail.

5. Resultantly, this bail application is accepted and the accused-petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount, to the satisfaction of the learned Illaqa/Judicial Magistrate. The sureties must be local, reliable and men of means. Above are the reasons of my short order announced on 12-4-2013. MWA/340/P Bail granted.