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Criminal Bail Application No.1528 of 1986, decided on 12th November, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Two counter‑versions of incident‑‑Delay in reporting incident to Police satisfactorily explained‑‑Applicant a Police Constable on duty persuading complainant party to give lift to a boy but on their refusal to accommodate him, resorting to firing with his service rifle on their moving car, thereby hitting deceased inside car‑‑Applicant, although giving a counter‑version of occurrence yet neither applicant nor complainant of counter‑version injured during such incident‑‑applicant, prima facie, held, was accused of murder of deceased‑‑Bail refused, in circumstances.
K.M.Nadeem for Applicant.
A.A. Mohammadlly A.A‑G. for the State.
The incident had occurred at about 12‑30 in the night of 5‑8‑1986 and the report was lodged by Peer Mashooq Sarhandi on 6‑8‑1986 at about 5‑15 p. m. According to the complainant, he alongwith deceased and Faiyaz Ali Alvi was sitting in a car and when they reached ahead of the main gate of T.V. Station, there a constable and a boy was standing holding a Gittar in his hand. The boy asked for a lift. On their refusal to give him lift, the Police Constable threatened the complaint party and asked them to drop the boy and forcibly opened the door of the car and attempted to push the boy in the car. The complainant party did not permit the Police Constable to do so and they drove fastly towards Sharfabad. The Police Constable loaded the rifle and the moment they went ahead, he fired from behind which hit on the left side of the back door. The deceased was sitting on the back seat of the car. They took deceased to Jinnah Hospital in unconscious condition where he died and after leaving him in mortuary, they came for lodging the report. But about the same incident another F.I.R. was lodged at about 10 hours wherein, it is stated that 4 persons alighted from the car and they tried to snatch his Gittar. He raised cries and those persons gave him fist blow and tried to take him in the car. Those persons drove fastly towards Sharfabad and fired. It is stated that Police Constable made the fire on tyre of the ear in order to atop it, The car has been inspected during the investigation and a hole is seen in the back door of the car, The interim challan has been submitted wherein it has been mentioned that at about 11-30 p.m. the deceased Sheraz Soomro alighted from his oar and started beating Khayam Ahmad the complainant of P.I.R. No.322 of 1986 of P.S, New Town and attempted to rob his Gittar whereupon Khayam Ahmad raised cries, on seeing, people and the guard, Sheraz Soomro sat alongwith his companions in the car and fired one shot in the air and started escaping, whereupon the guard of the gate T.V. Station via, accused Bashir Ahmad put his rifle as a hurdle in the way of the car in order to stop it. The persons sitting in the oar attempted to crush the right log of Bashir Ahmad and put the car in motion, Accused Bashir Ahmad in order to stop the car fired one shot in the air and when they did not stop, Whir Ahmad from his official rifle fired another shot which hit and injured Shoran Soomro after making a hole in the back door. The challan under section 302, P.P.C. has been filed against the applicant.
The learned counsel for the applicant has stated that there are counter-versions of the incident, Therefore, two versions can be considered at the trial. The accused party forcibly wanted to take away the complainant and they attempted to do so. The interim challan has given two different versions and were not supported by complainant Khayam, Neither the accused nor complainant was Injured, It is contended that the report was lodged after considerable delay, The delay has been explained in the F. I . R , Even otherwise it is not the stage to consider such delay, The delay per se is not a ground for admitting a person to bail, The offence is punishable with death or imprisonment for life.
It is contended by the learned A.A.-G, that it is dishonesty of the investigating agency that the statements of the witnesses were recorded on 25-8-1986 though the report was lodged on 6-8-1986.,
The facts disclose that prima facie, the applicant is accused of the murder of the deceased. Therefore, he is not entitled to bail. The application is rejected.
S. G.D.(5101/K) Bail rejected.
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