1995 P Cr (PLP)

S. 497

Bail, grant of

Delay in holding the identification test of the accused had not been plausibly explained

Prima facie no evidence was available to show that the deceased culprit had given the name of the accused to the complainant party-=-Accused was granted bail in circumstances. 1993 S C M R 15 ref Jai Jai Veshno for Applicant. Zawar Hussain Jafferi, AA.-G. for the State. It is alleged that the present applicant/accused Allah Warayo whose name was afterwards came to be known and co-accused Ghulam Nabi son of Fakir Muhammad Mirbahar has trespassed into the farm of complainant Pehlwan during the night time. Complainant Pehlwan woke up and challenged both the culprits who started firing at him. On commotion P.W. Liaquat also came there. In self-defence complainant also fired at both the culprits, out of whom one of the culprits received fire-arm injuries and fell down, the other Nabi son of Fakir Muhammad, he gave the name of other culprit to be the present applicant Allah Warayo. Shortly after the aforesaid injured culprit namely Gfrulam Nabi died as a result of the injury suffered by him by fire-arm fired by the complainant. Subsequently the present applicant was arrested. Bail application has been rejected by the Trial Court hence, this application has been moved. It is contended by Mr. Jai Jai Veshno that the present accused/applicant was arrested on 24-7-1993 and his identification test was held on 1-8-1993. During that period he remained all along in police custody. There is no explanation for delay in holding the identification test. Further more eye witness Liaquat who has sworn affidavit exonerating the present applicant Allah Warayo. It is further contended by Mr. Veshno that there is no documentary evidence to show that the deceased culprit had given the name of the present applicant to the complainant party. Mr. Zawar Hussain Jafferi learned A.A: G. opposed the grant of bail, on the ground that the applicant has been identified by the complainant. He has placed reliance on 1993 S C M R

15. Since there is no plausible explanation for the delay in identification and there is also prima facie no evidence to show that the deceased culprit had given the name of the present applicant to the complainant party. I am of the view that this is a fit case for, grant of bail. Accordingly applicant Allah Warayo is hereby granted bail on his furnishing one surety in the sum of Rs.1,00,000 and P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./A-1503/K Bail granted.