ORDER SHEET
Cr. Bail Application No. 200/2012
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DATE ORDER
WITH SIGNATURE OF JUDGE
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For
hearing
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30.3.2012
Mr. Salman Mujahid Baloch Advocate for
the applicant
Mr. Khadim Hussain Khoharo DPG
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Through the instant bail application
the applicant/accused Zakir Hussain son of Muhammad Shah has sought his
admission to bail in Crime No.929/2010 registered at Police Station Preedy
Karachi for an offence under section 302, 109,324,353,427,34 PPC.
The brief facts as narrated in the FIR
registered on 17.8.2010 at P.S. Preedy are that on the said date at 0005 hours
DSP Nawaz Ranjha on his way back from Khaliq Dina Hall, where he was on
security of Taraveeh congregation, reached NJV School along with his driver HC
Jehangir he came under fire and the SHO who too was on patrolling duty after
hearing gunshots reached at the spot found the DSP Nawaz Ranjha and his driver
lying dead in a pool of blood in their car. The SHO also found a passer-by
namely. Bilqees injured. Witnesses present at the crime scene namely Ahmed,
Ghulam Mustafa, Syed Saddam Hussain, Madhan and few other stated that at 0005
hours while they were present at the gate of NJV School for cleaning, one read
colour car intercepted the vehicle of DSP Nawaz Ranjha thereafter 5 persons
riding on motorcycles, out of whom four persons were sitting on two motorcycles
and one on the third one, fired towards the car of the DSP Nawaz Ranjha with
their pistols and fled away towards Tibet Centre, M.A. Jinnah Road. The
witnesses said that they can identify the culprits, if brought before them.
The present applicant/accused has been
implicated in the crime on the basis of statement of co-accused Syed Abu Irfan
who during interrogation disclosed that since the deceased DSP during the
period from 1994-1995, while he was serving as SHO Gulbahar, had initiated
cases against the workers of MQM and had also arrested them therefore, accused
Adeel Agha @ Agha Hussain ordered the accused and his accomplices to kill the
DSP and it was on such instructions that they carried out the deadly assault.
Learned Counsel for the
applicant/accused submits that the applicant is innocent and has falsely been
implicated in the crime. He submits that the only purported material obtained
by the investigation so far is a mere so-called statement made by the alleged co-accused
Syed Abu Irfan before the Investigation Officer and absolutely nothing more can
be obtained against the applicant though the incident, as noted above allegedly
occurred on 17.8.2010 and the present applicant/accused has remained in custody
since 26.9.2011. He further submits that it is now well settled principle of
law that statement of a co-accused made before a Police officer is of no
evidentiary value and no conviction can be awarded on the basis of such
statement alone. He submits that as submitted earlier, except the above
statement, there is no other material to connect the applicant with the crime
and there is hardly any likelihood of the applicant being convicted.
On the other hand, the learned DPG
opposes the grant of bail to the applicant. He submits that the applicant is a
hardened criminal and is involved in series of heinous and violent crimes and
referred to the fact that numerous Police personnel have been brutally murdered
for their role and involvement in the so-called Karachi operation and submitted
that keeping in view the present precarious law and order/ security situation
in the city, which is degenerating and deteriorating by passing single day, it
will not be safe to enlarge the applicant on bail.
As noted above, except for the
statement of a co-accused recorded by the Investigation Officer, there is no
other material implicating the applicant in the present crime. It is now well
settled principle of law that accused cannot be convicted on such statement
alone. Despite the fact that the applicant/accused was arrested way-back on
26.9.2011 still the Investigation Officer has not been able to procure any
further material against the accused as yet.
The applicant/accused, in the
circumstances of the case, is entitled to be admitted to bail, however, looking
to the fact that the applicant is involved in several serious criminal cases
and keeping in view the worsening law and order situation in the city, we
would, though admit the applicant/accused to bail, but upon his furnishing surety
in the sum of Rs.3.00 million (Rupees Three Million only) and a bail bond in
the like amount to the satisfaction of the trial Court.
Judge
Judge
A.Wahab PA