Bahadar Zeb Vs The State

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

MINGORA BENCH (DAR-UL-QAZA), SWAT

(Judicial Department)

Cr.M (B.A) No. 509-M/2016

JUDGMENT

Date of hearing: 15.12.2016

Petitioner(s): (Bahadar Zeb) by Syed Abdul Haq, Advocate.

Respondents: (State) by Mr. Rafiq Ahmad, Assistant A.G.

(Rahatullah) by Engr. Shah Faisal Khan, Advocate.

MOHAMMAD IBRAHIM KHAN, J.- Petitioner Bahadar Zeb implicated in case F.I.R No. 709 dated 14.11.2010 under sections 302/324 PPC, 13 A.O/512, Cr.P.C registered at Police Station Khall, District Dir Lower is optimistic for grant of post arrest bail.

2.Prior to, an application for grant of bail was submitted before the Court of learned Sessions Judge/Zilla Qazi, Dir Lower at Timergara who vide order dated 14.11.2016 dismissed the petition to the extent of petitioner while the other accused- petitioner before the said learned Court was extended concession of bail.

Tajamul* [B.A No. 509-M of 2016 Bahadar Zeb Vs. The State and another]

3.Rahatullah, complainant of the case, in emergency room of the hospital alongwith corpse of Mst. Tasleem, wife of the petitioner, reported that his sister Mst. Tasleem was married to accused Bahadar Zeb. They became parents of three sons and one daughter. It was at evening time, he received information that his sister Mst. Tasleem has been killed by her husband Bahadar Zeb. He rushed to the house of his sister, he found her lying on a cot with dead status. Hence, accused-petitioner alongwith accused Amir Sultan and Sadiq Hussain all the three were charged for the commission of murder of Mst.

Tasleem, effective fire shot attributed to the accused-petitioner.

4.Having heard learned counsel for the petitioners and learned counsel for the respondent alongwith the learned Assistant A.G, record with their valuable assistance gone through.

5.Learned counsel for the petitioner mainly placed reliance on 2016 SCMR 676 (Chairman NAB Versus. Muhammad Khalid), 2012 SCMR 1137 (Ihsanullah Versus. The State) 2013 YLR 42 (Mukhtiar Versus. Mian Gul Jan), 1991 SCMR 322 (State Versus. Malik Mukhtar Tajamul* [B.A No. 509-M of 2016 Bahadar Zeb Vs. The State and another]

Ahmad Aawan), 1999 SCMR 304 (Gul Khan Versus. The State), 2007 SCMR 1812 (Barkat Ali Versus. Muhammad Asif), 2016 SCMR 18 (Zegham Ashraf Versus. The State) and unreported judgment contained in Cr.M (B.A) No.

506-M/2016 titled Muhammad Dost and others Versus. The State. In view of the wisdom contained in these dictums, learned counsel for the accused- petitioner requested for grant of bail as abscondence will not be a hurdle if the case of the petitioner falls within the purview of further inquiry.

6.Conversely, learned counsel for the complainant referred to 2016 SCMR 1529 (Muhsin Ali Versus The State), 2016 SCMR 1401 (Muhammad Imran Versus. The State), 2013 SCMR 385 (Ghulam Ahmad Chishti Versus. The State), 2010 SCMR 966 (Shaukat Elahi Versus.

Javed Iqbal), 2016 P.Cr.L.J 900 (Murad Ali Versus. The State), 2016 PCr.L.J 1481 (Amir Khan Versus. The State), 2016 P.Cr.L.J 284 (Sufyan Versus. The State), 2016 P.Cr.L.J 1120 (Sabir Hussain Versus. The State), 2015 YLR 571 (Rafiullah Versus. Abdul Qayum), 2016 YLR 1629 (Pathan Versus. The State), 2011 SCMR 1619 Tajamul* [B.A No. 509-M of 2016 Bahadar Zeb Vs. The State and another]

(Shahid Farooq Versus. The State), 2014 P.Cr.L.J 636 (Ejaz Ahmad Versus. The Sate), 2015 P.Cr.L.J 402 Kamran Versus. Haji Muhammad Zahir Khan) 2014 YLR 2367 (Aziz-ur-Rehman Versus.

Din Bibi, 2007 P.Cr.L.J 1332 (Chaudhary Javed Riaz Versus. The State), 2000 P.Cr.L.J 116 (Shakeel Ahmad Versus. State), PLD 1998 Supreme Court 84 (Muhammad Azim Versus. The State), 2000 P.Cr.L.J 60 (Mehtar Versus. The State), 2007 YLR 1937 (Muhammad Usman Versus. The State), PLD 1985 Supreme Court 402 (Awal Gul Versus. Zawar Khan and others), 1998 SCMR 190 (Sher Ali alias Sheray Versus. The State), 2005 P.Cr.L.J 288 (Raham Sher Versus.

Mst. Malika), PLD 1989 (Peshawar) 83 (Jehanzeb Khan Versus. Muhammad Yaqoob) and 2002 P.Cr.L.J 1054 (Khyal Gul Versus. The State) and in the light of the wisdom contained in these authorities, learned counsel for the complainant prayed for rejection of the bail petition.

7.Indeed this occurrence has happened at evening time when the accused-petitioner was charged for the murder of his own wife. For murder of the deceased three persons are charged and Tajamul* [B.A No. 509-M of 2016 Bahadar Zeb Vs. The State and another]

previously trial of co-accused Amir Sultan was held in Sessions Case No. 11/2011 before the Court of learned Sessions Judge/Zilla Qazi, Dir Lower at Timergara and vide para-9 of the detailed judgment highlighting the role of co-accused extending benefit of doubt and was acquitted of the charges. The petitioner after being nominated in this case, remained fugitive from justice and soon after he had gone abroad for the purpose of earning livelihood who has been arrested in this case upon his return.

8.The co-accused Amir Sultan according to his bail matter which had earlier been decided in Cr.M (B.A) No. 2031 of 2010 whereby contrary to specific observation that the entire record on its perusal there is no one who has seen the crime and even no circumstantial evidence was available on record to reasonably connect the accused-petitioner with the crime. The same analogy and the principle are to be adopted for deciding this petition that the complainant who is brother-in-law has charged the accused-petitioner for the murder of the latter own wife. Words appearing in the F.I.R

“ ”وقوعہ ٰہذا شايد کسی نے ديکھا ہوگاthereby that mere being husband of the deceased he has been given the Tajamul* [B.A No. 509-M of 2016 Bahadar Zeb Vs. The State and another]

effective role of causing the murder of his wife which gets no corroboration from other aspects of the record.

9.In view of plethora of judgments

referred by learned counsel for the petitioner, the role of the accused-petitioner requires further probe.

In a case calling for further inquiry into the guilt of accused bail is to be allowed to him as of right and not by way of grace or concession. Mere abscondence of accused person may not be sufficient to refuse bail to him.

10.For what has been discussed above, this bail petition is allowed and the accused-petitioner Bahadar Zeb son of Amir Sultan is released on bail subject to his furnishing bail bond in the sum of Rs.200,000/- (rupees two hundred thousand) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.

11.Above are the reasons for my short order of the even date.

Announced.

JUDGE

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