2019 PLP 60 (YLRN)

AFTAB AHMED GORAR, J.

Through instant criminal bail application under section 497, Cr.P.C., the applicant/ accused lrfan son of Saeed Ahmed seeks his release on post arrest bail, in Crime No.234 of 2016, registered at Police Station Korangi Industrial Area, under Sections 302 and 34, P.P.C. The applicant approached the learned trial court with same plea but same was rejected by the learned V-Additional Sessions Judge, Karachi-East.

2. Brief facts of the prosecution case as narrated in the FIR are that the complainant Muhammad Asif lodged the FIR at Police Station Korangi Industrial Area stating that A.S.I. Asad Ali Chatha, received information through 15 Madadgar from one lmran that one person has received bullet shot injury and his body was lying at Korangi crossing river/Nadi. In response thereof, police officials of Police Station KIA, immediately proceeded towards the pointed place and took the body to Jinnah Hospital in Emergency department, however, the said person had already expired, hence his dead body was shifted to Jinnah Mortuary. Thereafter M.L.O Dr. Shahzad after obtaining letter from Police Station KIA, conducted post-mortem of dead body and thereby disclosed the cause of death in his report. During this period, brother of deceased namely, Muhammad Asif (complainant), Usman Ghani and Muhammad Ramzan came at Jinnah Hospital and indentified the dead body and disclosed name of deceased as Ubaid-u-Rehman son of Muhammad Ramzan aged about 20/22 years. After completing all the legal formalities, the dead body was handed over to the legal heirs of deceased Abdul Rehman. On 15.03.2016, the complainant Muhammad Asif filed written complaint under section 154, Cr.P.C, which was subsequently incorporated in the instant FIR the complainant in his application stated that on 14.03.2016 he was present at his house, his elder brother Usman Ghani informed him that his younger brother Abdul Rehman due to firing of unknown persons has been murdered at river/Nadi, leading towards Qayoomabad and Korangi crossing Karachi and upon this information the complainant immediately proceeded towards the pointed place. Deceased Ubaid-u-Rehman was mechanic and he was also supplying tea (Patti) with his father, thus his father sent him for supply of tea/Patti. Unknown persons without assigning any reasons committed murder of Abdul Rehman, hence the complainant lodged the FIR.

3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in this case by the complainant/police officials with mala fide intention, ulterior motives and enmity; that applicant/accused is not nominated in FIR, however he has been nominated by PW-Muhammad Ramzan in his statement under section 161, Cr.P.C., which has been recorded after five days of alleged incident, therefore the same has lost its sanctity; that there is no eye-witness of the alleged incident; that applicant/accused himself had sustained injury, therefore it is beyond imagination that the applicant/accused would have committed murder of deceased, therefore, in view of above circumstances the case of applicant/accused calls for further inquiry; nothing incriminating was recovered from the possession of applicant/accused; no motive of alleged murder has been mentioned by the prosecution. Lastly he prayed for grant of bail.

4. Conversely, learned D.P.G. for the State opposed the bail plea and sought for dismissal of instant bail application on the ground that a young boy has lost his life.

5. Heard the learned counsel for the applicant, learned D.P.G. and perused the relevant record with their assistance.

6. From the perusal of record, it transpires that name of the present applicant does not transpire in the FIR and the applicant/accused was implicated by the father of the complainant Muhammad Ramzan and Complainant Muhammad Asif who is real brother of the deceased however he himself in his examination- in-chief has not supported the case of the prosecution and has stated that on the day of incident applicant/ accused Irfan was with him for whole day as well as for night. Nonetheless, the applicant was implicated on the statement of complainant but no overt act has been attributed to the present applicant/ accused Irfan. P.W Usman Ghani, who is also brother of the deceased in his examination-in-chief has not supported the case of the prosecution by stating that accused Irfan has not committed the murder of his brother Ubaid-u-Rehman. Father of the complainant has only implicated accused Farman who according to him had called deceased Ubaid-u-Rehman and took away him on his motorcycle. Even otherwise, the prosecution has not been able to show a single circumstance or consideration which could have justified the motive or mala fide/involvement of applicant in the case. The applicant/accused is behind the bars since his arrest and he is no more required for further investigation. 8(sic). In view of above discussion, the applicant was granted bail by this Court in the sum of Rs.300,000/- and P.R bond in the like amount to the satisfaction of trial court vide order dated 17.12.2018. These are the reasons for the same. MQ/I-13/Sindh Bail allowed.