IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Application No.S-304 of 2018
Applicant: Faisal son of Niaz Hussain Jalbani,
Through Mr.Habibullah Ghouri, Advocate
State: Through Mr.Raja Imtiaz Ali Solangi, A.P.G,
Mother of deceased Mst.Shahida in person
Date of hearing : 27.07.2018
Date of order : 27.07.2018
O R D E R
IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant application are that the applicant appeared at Police Station, Ratodero, together with pistol with disclosure that he has killed his cousin Mst.Noureen after declaring her to be “Kari” with Gada Hussain Umrani. On such disclosure of the applicant, the police party led by complainant ASI Gada Hussain Noonari went at the place of incident, there he was intimated by Mst.Shahida the mother of said deceased that the applicant and co-accused Niaz Hussain by committing trespass in her house have committed murder of her daughter Mst.Noureen without any lawful justification by causing her fire shot injuries and now are labeling it to be a case of “Karap”. On the basis of such disclosure the FIR of the present case was registered. The applicant was apprehended and he after usual investigation was challaned by the police. The applicant sought for his release on bail by filing such application, it was dismissed by learned trial Court. The applicant now has sought for the same from this Court by way of instant application under section 497 Cr.PC.
2. It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the police without any lawful justification on the basis of extra judicial confession which carries no value in the eye of law; there is no independent witness to the incident; there is conflict of time with regard to the examination of dead body by police and postmortem report. By contending so, he sought for release of applicant on bail, as according to him his case is calling for further enquiry. In support of his contention he relied upon order dated 25.05.2018 of this Court passed in Crl.B.A.No.S-167 of 2008 regarding Akbar alias Ghulam Akbar vs. the State.
3. Learned A.P.G supported by Mst.Shahida the mother of deceased has opposed to grant of bail to the applicant by contending that the applicant and co-accused Niaz Hussain have committed the murder of an innocent girl without any lawful justification and then have attempted to give it cover of “Karap” to save themselves from legal consequences.
4. I have considered the above arguments and perused the record.
5. It was the applicant who himself appeared before the police at Police Station, Ratodero, and disclosed the commission of incident by producing the crime weapon. If for the sake of arguments it is believed that the disclosure made by the applicant before the police could not be treated to be evidence, then there could be made no denial to the fact that there is statement of Mst.Shahida, the mother of deceased which fully implicates the applicant with commission of the incident, which could not be lost sight of in the circumstances of the case. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. The police apparently was having no reason to involve the present applicant falsely by making foistation of pistol upon him. There may be conflict of time with regard to examination of dead body of the deceased by police and medical officer but such controversy could not resolved by this Court in favour of the applicant at this stage. There may not be an independent witness to the incident but this may not be reason to enlarge the applicant on bail. The witnesses which the prosecution are having are appearing to be natural witness to the incident. The deeper appreciation of the facts and circumstances is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence, for which he is charged.
6. The case law which is relied upon by learned counsel for the applicant is on distinguishable facts and circumstances. In that case, the concession of bail was extended in favour of the accused as he was found not implicated in commission of incident by widow of the deceased by way of filing her affidavit. No such affidavit has been filed in favour of the applicant by anyone.
7. In view of facts and reasons discussed above, it could be concluded safely that no case for grant of bail to the applicant is made out. Consequently, the instant application is dismissed.
J U D G E
-