ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on M.A. No. 9255/2015

2. For hearing of bail application.

26.11.2015

Mr.Ghulam Nabi Shah, advocate for the applicant.

Mr. Muhammad Iqbal Awan, A.P.G.

An FIR bearing Crime No. 644/2011 under sections 302/34 PPC which was registered by SIP Nazeer Ahmed Soomro while posted at CPC Saleh Muhammad Goth at P.S. Shah Latif Town, Karachi on 20.09.2011. The contents of FIR show that the said SIP under section 174, Cr.P.C. had recovered one dead body of an unknown person having bullet marks from the bushes on the bank of Sukhan River near Shafi Goth adjacent to the wall of MEKO Textile Mills Karachi about 6-7 kilometers away from the said police station on 20.09.2011. He in this regard registered the above FIR against the unknown persons. During investigation co-accused Gul Hassan was arrested by the police, who allegedlyadmitted the above crime before the police officials and took the names of his accomplices including the applicant. On the basis of his statement, police arrested the present accused as well as other co-accused namely Shoaib and Adnan. The record reflects that accused Gul Hassan on whose statement the present applicant was implicated in the crime was extended concession of bail by the trial Court on the basis of affidavits filed by the complainant and other witnesses. I have been informed by the learned counsel for the applicant that co-accused Shoaib and Adnan whose case is at par with the present accused, have also been extended concession of bail by the trial Court.

The only objection raised by the learned Assistant Prosecutor-General is to the effect that the FIR was registered on 20.09.2011 and the challan was submitted on 03.02.2012 whereas the applicant was arrested on 20.08.2014, which shows that he deliberately remained absconder for a long time therefore he is not entitled for the grant of bail.

After considering the above arguments of the learned counsel and perusing the record, I am of the view that the case of the applicant requires further inquiry as only evidence against him is the statement of co-accused, Gul Hassan who has been extended concession of bail by the trial Court. The co-accused namely Shoaib and Adnan who were also arrested on his statement, have also been granted bail by the trial Court. Under the circumstances rule of consistency is also applicable in this case of applicant. The statement of co-accused Gul Hassan recorded by the police officials implicating the applicant has yet to be weighed by the trial Court during the trial. Though the ground of abscondance is taken by the learned A.P.G. for opposing the bail of applicant but he has not argued whether any proceedings under sections 87, 88 Cr.P.C. were initiated against him. Even otherwise mere abscondance is no ground to reject the bail application of the accused whose case on merits calls for further enquiry. In the circumstances, the applicant is granted bail subject to his furnishing a solvent surety in the sum of Rs.200,000/= with PR bonds in the like amount subject to the satisfaction of the trial Court.

J U D G E

Zahid Baig