Shahbaz Vs State

Judgment Sheet

IN THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH.

JUDICIAL DEPARTMENT

Cr.M No.624-A of 2014

JUDGMENT

Date of hearing.....................03/12/2014........................................ Petitioner...(Shahbaz) by Mr. Hamid Faraz Abbasi, Advocate...................

Respondent ...(The State) by M/S Muhammad Naeem Abbasi, AAG and Muhammad Wajid Khan, Advocate...........

QALANDAR ALI KHAN, J:- Accused/

petitioner, Shahbaz, is seeking post arrest bail in case FIR No.96 dated 25.09.2007 registered under sections 302/324/148/149 PPC at Police Station Pazang, District Battagram.

2.The case was registered on the report of Ajmal, complainant/respondent No.2, who charged co-accused Faiz-ur-Rehman for firing at his mother and causing her murder and also charged the other co-accused, namely, Zubair for firing at his nephew and thereby causing his murder. In the report, the accused/petitioner

alongwith others was shown present, duly armed, at the scene of occurrence, thus attracting the application of section 148 and 149 PPC. After investigation in the case, submission of challan and trial of the arrested accused, namely, Afriday and Ziarat, both the said co-accused were acquitted of the charges by the learned trial Court / Additional Sessions Judge, Battagram vide his order dated 18.03.2009; but, at the same time, the accused/petitioner and the other absconding co- accused, namely, Zubair, Faiz-ur-Rehman and Ali Noor Rehman were declared proclaimed offenders.

3.During the course of arguments, it was pointed out on behalf of the accused/petitioner that no overt act has been attributed to the accused/petitioner, who has been shown present on the spot at the time of occurrence while duly armed, therefore, his case would fall in the category of further inquiry and he would thus be entitled to bail in the light of judgments of the superior Courts reported as 2009 SCMR 299,

2010 MLD 669, 2011 P.Cr.L.J 242, 2012 SCMR 1137, 2012 SCMR 1273 and 2014 SCMR 1347.

4.It was, however, argued on behalf of the prosecution that presence of the accused/petitioner while armed with deadly weapon, together with his prolong absconsion for seven years, would point towards his involvement in the commission of the offence in the furtherance of common object shared by him with co-accused.

5.Needless to say that even absconsion for around eight years was not considered as an impediment for release of accused on bail when he otherwise had an arguable case for grant of bail

(2009 SCMR 299).

6.The non-assigning of an effective role to the accused/petitioner and his simple presence on the scene of occurrence at the relevant time would certainly require further inquiry with regard to his sharing common object with co-accused; and, in such a situation, his absconsion should not be a hurdle in his release on bail, especially when, according to the information furnished by the

learned AAG, ‘supplementary challan’ against the accused/petitioner has already been submitted in the trial Court, signifying that accused/petitioner is no longer required for the purpose of investigation. Therefore, on the acceptance of the petition, the accused/petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate, Battagram.

Announced. JUDGE Dt.03.12.2014 /*M.S.Awan*/