2020 P Cr (PLP)

ALI BAIG, J.

Through this bail petition, the petitioner namely Afraz Gul son of Juma Noor seeks post arrest bail in a case FIR No.29/2018 dated 29-07-2018 under sections 302/34, P.P.C. registered at Police Station Juglote Gilgit.

2. Briefly allegation against the present petitioner/ accused is that he has abetted/facilitated to principal accused namely Ejaz Gul, who has allegedly committed murder of deceased Shah Farman on 29-07-2018 at Juglote Gilgit.

3. It is pertinent to mention here that earlier the petitioner had filed a bail petition (Cr. Misc. No.193/2018) in this court which was dismissed by this Court on merits vide order dated 22-11-2018. Now, the petitioner/accused has filed this second bail petition having failed to get concession of bail from the court of the learned Additional Sessions Judge Gilgit.

4. The learned counsel appearing on behalf of the petitioner has contended that the petitioner is innocent and he has not been nominated in the FIR by the complainant. The learned counsel for the petitioner further argued that the nominated accused namely Mian Gul has been discharged under section 169, Cr.P.C. by the complainant. The learned counsel for the petitioner further argued that no weapon of offence has been recovered from the petitioner and one PW namely Sharafat has been declared hostile by the learned trial court at the time of recording of his statement before the trial court.

5. On the other hand, the learned counsel for the complainant vehemently opposed this bail petition by contending that earlier bail petition of the petitioner has been dismissed by this Court and grounds agitated in the instant bail petition were agitated in his previous bail petition and no fresh grounds are available to grant bail to the petitioner/accused, hence, this bail petition is not maintainable which may be dismissed.

6. I have considered the arguments advanced by the learned counsel for the parties and carefully perused the record with their able assistance.

7. Perusal of record reveals that, prior to that, the petitioner had filed bail petition before this Court, wherein, the petitioner had agitated the same grounds which have been agitated in the instant bail petition except that one PW namely Sharafat son of Doulat Khan has turned hostile while got recording his statement in the learned trial court. The earlier bail petition of the petitioner was dismissed by the undersigned vide bail order dated 22-11-2018.

8. Since the trial of the case is in progress and case of the petitioner is at concluding stage and statements of Investigating Officer and Medical Officer are to be recorded by the trial court. At this stage, comments on the evidentiary value of resiled statement of PW-1 namely Sharafat, being of deeper appreciation, is avoided lest it may prejudice the ultimate findings to be recorded by the learned trial court. Reliance can conveniently be made/placed on the judgment passed by the Hon'ble Supreme Appellate Court Gilgit-Baltistan reported in 2007 PCr.LJ 1638 and 1995 SCMR 1242.

9. For what has been discussed above, there is no merit in this petition which is accordingly dismissed.

10. Before parting with this order, I would like to observe that since the case of the petitioner is almost at concluding stage, therefore, the learned trial court is directed to conclude the case of the petitioner within three months of the passing of this order, failing which the petitioner will be at liberty to file fresh bail petition in the trial court. File. ADN/143/GB Petition dismissed.