ORDER SHEET
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Date Order
with signature of Judge
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Date
of hearing 28.05.2012
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Mr. Jamroz Khan Afridi
Advocate for the Applicant.
Mr. Muhammad Iqbal Awan learned APG.
Syed Hasan Azhar Rizvi J; By this order I would decide the
bail application filed by the Applicant Muhammad Iqbal.
Precisely, the facts of the
case as narrated in the FIR are that on 09.11.2011 Complainant’s brother Adnan was
murdered by inflicting knife injuries by some unknown persons.
Learned Counsel for the Applicant contended that the
Applicant is absolutely innocent and has been falsely implicated in the present
case by the complainant in collusion with the police due to malafide intention.
Neither the name of the Applicant nor his Hulia/description has been mentioned
in the FIR. It is argued by the learned Counsel for the Applicant that on
perusal of the charge-sheet and the statements of the prosecution witnesses
recorded under section 161 Cr.P.C no direct or indirect evidence is available
against the Applicant/accused. It is urged by the learned Counsel for the
Applicant that the case of the Applicant is of further inquiry therefore, the
Applicant is entitled for grant of bail.
On the other hand Mr. Muhammad Ibqal Awan learned APG
vehemently opposed the grant of bail to the Applicant and submitted that just
after two days of the incident Applicant was apprehended/arrested and on his
pointation blood stained knife was recovered, which was sealed in presence of
witnesses, the same was sent to Chemical Examiner for report and report has
come in positive. Learned APG has further argued that Mst. Naila wife of the
Applicant/accused had relations with the deceased and the deceased has obtained
private accommodation on monthly rent of Rs.2000/- in Al-Sadaf Colony where
Naila with her five daughters was residing and the Applicant/accused refused to
live in that premises. During investigation Naila the wife of the Applicant
according to the learned APG informed to the police that on 09.11.2011 deceased
Adnan at about 10:00 P.M. came to her house. At about 11:30 P.M. when Naila
came at the door to see her off and opened the door saw that Applicant Iqbal
was standing. Mst. Saira Wife of the landlord told her that after getting knife
injuries Adnan succumbed to death.
I have heard Mr. Jamroz Khan Afridi learned Counsel
for the Applicant, Mr. Muhammad Iqbal Awan learned APG and perused the relevant
material available on record with their assistance.
On tentative assessment of the material, it appears that strong circumstantial evidence is available against the Applicant/accused. Investigating Officer of the case done very poor investigation in the matter and has not cited Naila wife of the Applicant as a prosecution witness in the charge-sheet, who during investigation informed material facts to the Investigating Officer regarding her relations with the deceased. Mst. Naila wife of the Applicant had seen the Applicant when he was standing outside her house and was chasing the deceased Adnan.
Prima facie it is established from material available
on record that a blood stained knife was recovered on the pointation of the
Applicant/accused, which was sent for chemical analyses and report of the
Chemical Examiner is in positive. Sufficient material is available on record
which connects the Applicant/accused in the commission of offence. Accused in a
murder case would not be granted bail when prima facie reasonable grounds are
available to show that he is guilty of offence.
Above are the reasons of my short order dated 28.05.2012
whereby the instant Bail Application was dismissed with the direction to the
Trail Court to examine at-least three private witnesses within one month period
and conclude the trial within a period of three months from receipt of the
order.
Observations
made hereinabove are of tentative nature and the trial Court shall not be
influenced by any such observation.
J
U D G E