Cr. Bail Application No. 320 of 2016
Date Order with Signature of the Judge
For hearing of bail application.
Heard on 02.5.2016.
M/s Aamir Mansoob Qureshi and Ghulam Mustafa Sario,
Advocates for applicant.
Ms. Seema Zaidi, A.P.G.Sindh a/w SIP Tajuddin PS Defence.
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Syed Muhammad Farooq Shah, J.:- Applicant Mian Jamshed Inamullah booked in Crime No. 337 of 2015 under section 302 PPC registered with Police Station Defence, Karachi, after rejection of his earlier bail application vide order dated 02.2.2016, moved before the Additional Sessions Judge-V, Karachi-South, impugned herein, has approached this Court for seeking bail after arrest.
2. Facts of the case as narrated in the impugned order are that on 28.7.2015 at 1835 hours, instant FIR was lodged by SIP Tajuddin of Police Station Defence wherein he stated that on 17..7.2015 at 0900 hours Security Supervisor Ali of Aga Khan Hospital informed that from Bungalow No.3/B, IIIrd Central Lane, Phase-II, DHA Karachi one injured lady Mst. Hina Jamshed Khan wife of Mian Jamshed Inamullah aged 36 years with gunshot injury has been brought alongwith her husband Mian Jamshed Inamullah with Mr. No.198-6-69 SIP Tajuddin reached at Aga Khan Hospital and moved application seeking permission from doctor for recording statement of injured lady but the doctor informed in writing that she is not able to record her statement. On 22.7.2015 at 1530 hours Security Supervisor of Aga Khan Hospital again informed that the injured Mst. Hina Jamshed has died during her treatment in ICU Ward. The said SIP Tajuddin again proceeded to hospital and prepared inquest report so also inspected the dead body whereafter dead body was shifted to Civil Hospital for post mortem where lady MLO Dr. Nasreen Qamar conducted post mortem examination and issued such report PM No.420/2015. Thereafter dead body was handed over to Mian Jamshed Inamullah. The brothers of deceased namely Syed Zia-ul-Hassan and Dr. Tariq were asked for legal proceedings and recording of their statements who stated that after burial they will return to police station but they did not appear. The SIP Tajuddin then reached to the conclusion that on 17.7.2015 at 0600 hours or 0615 hours in morning time accused Mian Jamshed Inamullah due to unknown reasons had fired upon deceased with his pistol, which hit upon the head of deceased who got injured and during treatment died on 22.7.2015. The FIR was lodged under section 302 PPC and investigation was carried out by DSP Ghulam Shabbir Malik of SIU, Karachi who submitted interim report on 15.8.2015 and sought time for submitting final report. Final report under section 173 was submitted before the learned Judicial Magistrate on 19.9.2015 for an offence punishable under section 319 PPC and the accused was shown as absconder. However the learned DPP for the State disagreed with the opinion of police officer and was of the view that case may be challaned under section 302 PPC against the nominated accused Jamshed Inamullah so also sought directions to Investigating Officer for submitting the charge sheet under section 302 PPC and for lodging separate FIR under Sindh Arms Act, 2013 against the accused. Consequently, learned Judicial Magistrate while disagreeing with the opinion of Investigating Officer, registered the case under section 302 PPC and sent up the case for trial to the court of Sessions. After issuance of NBWs against accused the accused was arrested on 28.1.2016, wehreafter he has been remanded to judicial custody.
3. I have considered the arguments advanced by learned counsel for parties and perused the record.
4. Learned counsel for the applicant submitted that the case against the applicant is a case of no evidence but is the product of false, contradictory and conflicting evidences which are without corroboration. He further submitted that PC Abdul Rasheed is the eyewitness of occurrence, who during his statement under section 161 Cr.P.C. stated that fire was made due to mistake. He argued that statement under section 161 Cr.P.C. of Syed Zia-ul-Hassan, the brother of deceased, indicates that the legal heirs of deceased have exonerated the accused. The learned counsel further argued that first challan was submitted under section 302 PPC but second challan was submitted under section 319 PPC. He contended that abscondence of the applicant was due to the fact that accused was not in knowledge of issuance of NBW. Lastly, learned counsel for the applicant prayed that in such circumstances applicant may be admitted to bail. To support his contentions learned counsel for the applicant has placed reliance upon the cases of NOORULLAH & 2 OTHERS V/S THE STATE (PLD 2000 Quetta 72) and IKRAMUL HAQ V/S RAJA NAVEED SABIR & OTHERS (2012 SCMR 1273).
5. Conversely, learned Assistant Prosecutor General, Sindh has strongly opposed for grant of bail on the ground that the name of the applicant accused is mentioned in the FIR with specific allegation. He has further argued that accused admittedly remained absconder and sufficient corroborative and circumstantial evidence is available on record connecting the accused with the crime as such he is not entitled for grant of bail.
6. Admittedly after the alleged tragic incident the applicant has made his escape good, well knowing the consequence of his absconcion being a senior police officer. It is by now settled law that fugitive from law and Courts loses some of his normal rights granted by the procedure as well as substantive law and the unexplained 'abscondence' of the accused/ respondent disentitled him to the concession of bail, notwithstanding the merits of the case. Reliance is placed on the case of Muhammad Sadiq's case (PLD 1985 SC 182). In the case in hand, the applicant went into hiding deliberately. This type of conduct of the respondent would be sufficient to disentitle him for the concession of bail. So, keeping in view the ascendance, conduct of applicant and nature of crime, I am of the opinion that the accused/applicant is not entitled to the concession of bail.
7. After hearing the learned counsel for the parties, by a short order dated 02.5.2016, instant bail application was dismissed and above are the reasons for the said short order.
*Aamir/PS* J U D G E