ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No. 10 of 2017
Applicants: Muhammad Zeeshan s/o. Rasheed Ahmed &
Muhammad Tabish s/o Muhammad Safdar
through Mr. S. Khizer Askar Zaidi, advocate.
Respondent: The State, through Ms. Rahat Ahsan, DPG.
Complainant: Gul Naz is called absent.
Date of hearing: 03.03.2017
Date of order: 03.03.2017
-----------------
O R D E R
Zafar Ahmed Rajput, J:- Having rejected their three bail applications in Sessions Case No. 444 of 2016 by the learned VIIth Additional Sessions Judge, Karachi-Central, vide orders dated 01.09.2016, 02.12.2016 and 07.12.2016, applicants/ accused Muhammad Zeeshan son of Rasheed Ahmed & Muhammad Tabish son of Muhammad Safdar, through instant criminal bail application, seek post-arrest bail in F.I.R. No.358 of 2010, registered at P.S. Sharifabad, under section 302, 34 P.P.C.
2. Briefly stated the facts of the prosecution case are that on 17.07.2010 at about 2100 hours, complainant Mst. Gul Naz wife of Muhammad Tahir received a telephone call from his brother, namely, Nadeem that her husband Muhammad Tahir was murdered in LaaloKhet No. 10 by causing firearm injuries. As per the complainant, deceased husband had informed her fifteen days before the alleged incident that in case he is murdered, Qamar, Aftab and Javaid , resident of Malir Cantt. would be responsible as they had extended threats to him. As per prosecution case on 03.05.2016, the accused, while in custody of the Rangers disclosed that they had committed murder of deceased husband of the complainant, hence they were arrested.
3. Learned counsel for the applicants/ accused submits that the accused are innocent and have falsely been implicated in this case; that their names are not mentioned in the F.I.R.; that the only piece of evidence against them is extra-judicial confession before the officials of Rangers and police, which is not admissible under the Qanun-e-Shahdat Order, 1984; that the alleged incident took place on 17.07.2010 while the present applicant/ accused were arrested on 03.05.2016 and during intervening period the complainant never shown her suspicion over the involvement of present accused in commission of alleged offence, hence, the case of the accused is squarely falls within the purview of further inquiry as envisaged under subsection (2) of section 497 Cr. P.C.
4. On the other hand, learned DPG for the State has vehemently opposed this application for grant of bail to the applicants/ accused on the ground that after their arrest the applicants pointed out the place where the deceased Muhammad Tahir was murdered by them and they have also made confessional statements before police that along with nominated accused Qamar, Aftab and Javaid, they committed the alleged offence.
5. Heard the arguments of learned counsel for the accused and DPG for the State and perused the material available on record.
6. It appears that the alleged F.I.R. was registered on 17.07.2010 and the applicants/ accused were in custody of Sachal Rangers when they allegedly made extra-judicial confession and, thereafter, they were handed over to police on 03.05.2016, as they had confessed their guilt before them. The only evidence against the present accused to connect them with the alleged commission of offence is their extra-judicial confession, which is inadmissible under Articles 38 and 39 of the Qanun-e-Shahdat Order, 1984, therefore, the guilt of the accused requires further inquiry in terms of subsection (2) of section 497 Cr. P.C. Hence, the accused are admitted to bail subject to their furnishing solvent surety in the sum of Rs.3,00,000/- (Rupees Three Lacs only) each and P.R. Bond in the like amount to the satisfaction of the trial Court.
7. Needless to mention here that if accused in any manner try to misuse the concession of bail, it would be open for the trial Court to cancel their bail after issuing them the requisite notice.
JUDGE
HANIF