2017 PLP 692 (YLR)

ANWAR HUSSAIN, J.

By way of this Bail Application, the Applicant/ Accused is seeking Post-arrest Bail, after rejection of his Bail Application vide Order dated 14.04.2016, passed by learned IInd Additional Sessions Judge, Shaheed Benazirabad, in Crime No. 05 of 2015, under Sections 302, 201 and 34 of Police Station Nasri.

2. Brief the prosecution story is that Complainant's father namely Meenhoon Khan son of Achar, was not on good terms with Complainant's maternal uncle namely Wahid Bux son of Buxial Khoso, who used to ask the Complainant that one day he will teach lesson to the said father of the Complainant. On 4.7.2015 Complainant was in his house along with his father when at about 10:30 a.m. the said maternal uncle of the Complainant along with some unknown persons came to Complainant's house and took away his father towards the northern side of the village, as said uncle had some personal work with him, when the father of Complainant did not return till night the Complainant went to the house of his maternal uncle, but was not found there and Complainant even called him on phone, but his Cell number was off. The Complainant, his brother and other relatives searched the father of Complainant, and could not get any clue. On 9.7.2015, Complainant phoned the said maternal Uncle who disclosed that he has killed the Complainant's said father and the dead body is lying into the bushes / water ditch in the lands of Ghulam Sarwar Khoso. Then the Complainant and said witnesses searched and found the dead body from the bushes. The Complainant called the Police, took away the dead body for Postmortem and after Post Mortem they buried the dead body and sat for condolence. On 13.7.2015 the Complainant lodged the Report against the said Accused persons in respect of the said Crime.

3. After hearing the learned Counsel for the Applicant, Complainant and learned Prosecutors and after going through the record in the matter, I have observed as follows:- a. That the name of Applicant/ Accused do not find place in the instant Crime/FIR; b. That the alleged incident is of 4th July, 2015, when Accused Wahid Bux took the deceased with him, and went missing, on 9th July, 2015, when Accused Wahid informed the Complainant about the commission of murder and dead body found, but lateron 13th July, 2015, the instant FIR was lodged; as such there is a delay in lodging the FIR; c. That after the recovery, post mortem and burial of dead body, the Complainant sat for condolence and thereafter lodged FIR, such explanation for delay in lodging the FIR is not plausible particularly in murder incident; d. Even otherwise, the deadbody was recovered and post mortem conducted on 9.7.2015, through Police, who in spite of that did not register the FIR, which was registered later on; e. That the Complainant in his further Statement to Police, has nominated the name of Applicant as Accused and on disclosure of the nominated Accused Wahid Bux, that the Applicant/Accused concealed the dead body; f. Such Statement of Accused in law cannot be used against other Accused and that too without any corroboration; g. That Investigation has been completed and Challan has been submitted in the matter; h. The case law i.e. 2011 SCMR 161, 2004 YLR 2434 (Karachi) and PLD 2008 Karachi 01, are helpful to the case of Applicant for the grant of Bail; i. Moreover, Co-accused Manak was granted Bail by this Court vide Order dated 21.12.2015 in Cr. B.A. No. S- 1001 of 2015 on the similar circumstances and as such the case of the Applicant is in consistency with the case of present Applicant; 5(sic). In view of the above, the case of the Applicant falls with the ambit of section 497(2), Cr.P.C. and as such the Applicant is entitled to Bail. Accordingly, he is granted bail subject to his furnishing solvent surety in the sum of Rs.3,00,000/- (Three Lacs) and PR bond in the like amount to the satisfaction of Trial court.

6. The above observations are tentative in nature and shall not prejudice the case of either side before the Trial Court. JK/A-89/Sindh Bail granted.