ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Bail.Appl.No.S-  14  of  2017

DATE        ORDER WITH SIGNATURE OF JUDGE

15.06.2017.

Syed Babar Ali Kazmi, Advocate for applicant.

Mr. Shahid Ahmed Shaikh, A.P.G. for the State.

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          Through instant bail application, the applicant is seeking post arrest bail in Crime No.171 of 2016 registered at PS Kotri u/s 302, 34 PPC.

2.       Precisely relevant facts are that on 24.04.2016 at 1915 hours police received telephonic information that dead-bodies are lying in the house of Jaffer Abbas Mirza located at Kotri. Further revealed that applicant along-with co-accused persons with the collusion of each other committed murder of Mirza Jaffer Abbas, his brother Mirza Mazhar Abbas, mother Mst. Azmat Fatima and sister Mst.Farzana to extort money amounting to rupees 15/20 lacs.

3.       Heard. Perused record.

4.       It is pertinent to mention that case based on circumstantial evidence which if establishes existence of reasonable grounds to believe accused has committed offence is sufficient to decline the bail within meaning of first part of Section 497(i) Cr.PC. As per reord, Cheque bearing No.7215714 dated 25-04-2016 obtained by accused forcibly from the deceased Mazhar Abbas, CC TC Footages of accused, connect applicant in this case of capital punishment. The statement of accused finds prima facie corroboration from the fact that the applicant accused withdrew cash of Rs.1,00,000/- from HBL, Kotri branch with the help of co-accused. Call Data Record (CDR) of applicant/accused and deceased Mazhar Abbas and CC TV Footages of the applicant accused and co-accused Sultan @ Nana Solangi of the room of Manager, HBL, Kotri Branch also support the picture , came to surface, through extra-judicial confession of accused. Besides, medical evidence i.e. post-mortem report/medical certificates of all 04 deceased support the version of prosecution. The delay in lodging FIR has never been considered of any substance unless it is prima facie shown to have deliberated for some malafide or ulterior motives. No doubt, there is a delay of 03 days in lodging FIR but peculiar facts of case are self-explanatory towards such delay. The FIR itself shows that alleged incident occurred on 22-04-2016; police received information about it on 24-04-2016 and FIR had been lodged on 25-04-2016.

5.       For the reasons aforesaid, prima facie there are reasonable grounds to believe that applicant / accused has committed a non-bailable offence under section 302 PPC for which capital punishment of death has been provided hence, at this stage, applicant / accused is not entitled for concession of bail. Accordingly, instant bail application is dismissed, having no merits for consideration. Needless to mention here that the trial court shall proceed with the matter expeditiously and conclude the trial within a period of 03 months from the date of receipt of this order. Trial court shall also proceed against the absconding accused in terms of Nasrullah’s case, reported in PLD 2016 Karachi 238.

                                                                                                JUDGE

Tufail