ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No. 1406 of 2016
Applicant : Muhammad Adnan s/o. Nawab Ali,
through Mr. Arshad Mehmood, Advocate.
Respondent : The State, through Mr. Abdullah Rajput.
Complainant : Abdul Wasi s/o. Khair Muhammad
(nemo)
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Date of hearing : 21.03.2017
Date of order: 21.03.2017
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O R D E R
ZAFAR AHMED RAJPUT, J:- Through instant criminal bail application, applicant/accused Muhammad Adnan s/o. Nawab Ali seeks post arrest bail in Crime No. 184 of 2012, registered at PS Taimoria, Karachi under Section 302/34 P.P.C. His earlier application for grant of post arrest bail in Sessions Case No. 550 of 2016 was heard and dismissed by the learned VIIth Additional Sessions Judge, Karachi-Central, vide order dated 02.09.2016.
2. Briefly stated the facts of the case as per aforesaid F.I.R. are that on 18.04.2012 at 1500 hours the complainant, namely, Abdul Wasi s/o. Khair Muhammad was present at his hotel, namely, Quetta Bolan Hotel, situated at Block M, North Nazimabad, Karachi, when on two motorcycles four unknown persons wearing paint shirt came there and started firing with pistols due to which bullets hit to his real nephew, namely, Sanobar Khan s/o. Haji Khalid Khan, aged about 18 years and one customer, namely, Latifullah s/o. Ghulam Sarwar Soomro, who died at the spot and thereafter accused persons fled away on their motorcycles.
3. The learned counsel for the applicant/accused has submitted that the applicant is innocent and has falsely been implicated in this case; that infact the accused was arrested by the officials of Pakistan Rangers from his house and in this regard brother of the accused, namely, Muhammad Saleem filed Constitutional Petition bearing No. D-1632/2016 before this Court, wherein on 21.03.2016 Rangers officials submitted report showing the detention of present accused with them under Section 11 EEEE of the Anti-Terrorism Act, 1997 and subsequently they handed-over the custody of present accused to the police, as according to them the accused admitted to have committed the alleged murder of deceased Sanobar Khan and Latifullah before JIT; that there is no evidence against the present accused except the extra-judicial confessional statement, which as per prosecution he made before the Rangers officials during course of interrogation, which is not admissible under Qanun-e-Shahadat Order, 1984.
4. On the other hand, learned APG has opposed this application on the ground that the accused has confessed before Rangers officials that he is involved in the murder of deceased Sanobar Khan and Latifullah; therefore, he is not entitled for the concession of bail.
5. I have considered the arguments advanced by the learned counsel for the accused and learned APG as well as perused the material available on record.
6. It is and admitted position that the applicant/accused is not nominated in the F.I.R., and except extra judicial confessional statement made before Rangers officials, there is no connecting material available with the prosecution against the accused, which is not admissible under Articles 38 and 39 of the Qanun-e-Shahadat Order, 1984. However, the veracity of such statement shall be determined by the trial Court during the trial. Under the circumstances, the case of accused falls within the ambit of further inquiry as envisaged under sub-section (2) of section 497, Cr. P.C. I, therefore, admit him to bail, subject to furnishing solvent surety in the sum of Rs.2,00,000/- (Rupees Two Hundred Thousand only) and P.R. Bond in like amount to the satisfaction of the trial Court.
7. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits. However, in case the accused misuses the concession of bail in any manner, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law.
JUDGE
Athar Zai