Umar Zeb VS the State.

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r' BeronE Pesun wen HrcH Counr. BercH Ar MI cone/ nn-Ul- n Swlr

Cr. Misc (B.A) No 3rS Mot2017

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Umar Zeb son of ZalanCar Khan ir \

Resident of Tormang, 'l'ehsil Khal, Districi Dir Lower, presently confined at District Jail Timergara, Dir Lower.

Accused / Petitioner

VERSUS

r) The State

2)Mst. Bacha Anwar widow of Zalandar Khan Resident of Tormang, Tehsil Khal, District Dir Lower.

Complainant / Respondents

FIR No 392 dated 06-04- 01.7

s 2 20 Police station Khal. District Dir Lower APPLICAT ION D E N r

FO THE ELI F

erLf.otooA{ ni ll 1or1 BAI L IN

Additiona DIS POSAL F

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JUDGMENTSHEET

IN THE PESHAWAR HIGH COURT,

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MINGORA BENCH (DAR.ULQ AZA),SWAT

(laulicid Department) j'!'

/ Cr.M B.A-No.315-IO2!)17. i.

JUDGMENT

Date of hearing : 09.08.2017 Petitionet;: I_Umar'Zeil bv Sved A AdyoEq!e, Respondents:- fthe Shte & I anollrcil bv Mr. nafrS ahuadJftt: Advocate General and IWS Rashid Ali Khan and AzizAhmad Hashml Advocates.

rvtoE@ Accused-

Petitioner Umar Zeb looking for his post arrest bail in case FIR No. 392 dated 06.04.2017 charged under sections 302, 200,201 PPC regislered at Police Station Khal District Dir Lower.

2 Earlier, B.A. No. 88/IY o f 2017 titled as"Umor Zeb vs the Stste etc" was disposed of in terms of its dismissal by the i". Court of learned Additional Sessions Judge/ f lzaft Zila Qaz, Chakdara Dir Lower Camp Court at Timergara announced on22.06.2017.

IITTESTg Nor{rb h Pcstra l,l iriJ

a 3. There is a simitpr relief for the grant of brril in Cr.IvI B.A. No. 315-M of 2017 preferred by Un.ar Zeb accused/Petitioner, after hearing leamec. counsel for the Petitioner, learnt:d counsel for brother of the deceased Baharler Zeb and learned -A.A.G for the State,

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record with tt.eir valuable assistance gone tkough.

4 The Petitioner being complainant was present in his house with the corpus of his brother Mahmood Zeb lying on the cot, reported in thc manner that on the doomful day his decearied brother Mahmood Zeb was awaken by his nother to oifer fajr prayer in the mosque.

The cieceased w,:nt out for offering prayer in the mosque. The then complainant now

accused/Petitioner was busy in ablution, when in the meanwhile, at the relevant time on 04.45 hours he heard fire shots and when the t) complainant went outside, he found his brother d' lying dead in the thoroughfare near the house of Ibrahim. But at that time there was no clue as to who has killed his brother, therefore, no one Nrw.b

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a was charged evdn on account of suspicion. The occurrence was unseen and un-witnesped Later Mst. .Badshah Anwar mother of the deceased recorded her l;tatement before the learned Judicial Magistrate under section 164 Cr.P.C and thereby narned the complainanu?etitioner to have killed his son. Application for recording statement of mother of the deceased was moved on l-5.04.2017 and the said statement was recorded on $ven date. Besides there is statement of another PW brother of the decear;ed and complainant inter se by the name of Bahader Zeb recorded on 03.05.2017 under narration of certain facts Ieading to involvement of the' Petitioner for the murder of his brother Mahrnood Zeb.

5 In the, case in hand, there is no one named as to u'ho has caused the murder of

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deceased Mahrlood Zeb, but upon implication c- u 4 of the accused/l'etitioner \Jmar Zeb by his own mother when got arrested, he has recorded his confessional statement before the Court of AT?EE t learned Judicial Magistrate-Il Timqrgara Dir f '. )l 1'tei r:''l il lricn P !sha* aL :' llh,irtdi \r1in rttlL

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o Lower on 19.04.2017. This confessional n\ statement coupled with the recovery of crime weapon on his pointation lead to an inference that the Petitioner is cunning Person by nature who can be charged for causing disappearance of evidence to screen himself from legal punishment, thereby prima facie he is himself responsible for the murder of his own brother Mairmood Zeb.

6.On the ground of comPromise if at all his mother resiled from her previous staternent recorded under section 164 Cr'P'C and now does nct charge the accused/Petitioner still another brother of the deceased namely grant of Bahader Zeb is strongly opposing the bail in his favour. In this behalf the dictum reported as 2000 C, (Lah ore ) 890 anunt vs "Ut -Zama N, J, Mst Zub aida Kh Muha mmad ha d Hussainand2 othe rs can i') safely be refened, where all the Legal Heirs n"-*'t have not forgiven the Petitioner, thus the benefit

EYTE.G..T of partial compromise cannot be extended at plain confessional "x bail stage. Whq6e there is a P ':l'. '

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a statenrent of lhe Petitioner, in the given ciicurustances rrrho has tried to screen off himself from oommitting the murder of his brother when anrple evidence is available in the shape of confestiion and recovery of rveapon of offenie. The case judgment cited as "MsL Za he,cra Bibi v: t lhe State ond ano ther" 2012 MLD 480 (Pe. iltawar) maY be referred to. Besides in vievr of the judgment reported as 2014\'LR 177. reme Co J&

nA r Oaba, ' vs State of AJ&K", the Petiti,rner cannot be extended the concession of bail because c,f his own conduct even if tentatively assessed at bail stage'

7.In view of this rePort screening of involvement 'of the accused/Petitioner' recorrling of his confessional statement and recovery of weaPon of offence on his pointation, he does not deserve to be enlarged on bail. Hence, lhis petition stands dismissed' Annormsed. g::-- ll'4) i@ut f l'.12 copy

TIIDGE -

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