UMAR HAYAT alias Umer Daraz alias Umeri vs STATE, etc

Through the instant petition, the petitione r has sought for his post-arrest bail in case FIR No.2, dated 02.01.2019, offence under Sections 302, 364, 201, 148, 149, PPC, registered with Police Station, Kaleke Mandi, District Hafizabad.

2. Prosecution story , in brief as per conte nts of the crime report is that on 29.11.2018 at 7/8:00 p.m. Muhammad Ashgar along with his co-accused abducted brother of the complainant namely Zafar Ullah from his dera and shifted him to Some unknown place. The petitioner has been implicated in this case by the complainant through his supplementary statement.

3. Learned counsel for the petitioner submits that the petitioner is not named in the crime report; rather he has been implicated in this case through his supplementary statement in connivance with the local police with ulterior motives. It is argued that it is an unseen occurrence. Learned counsel submits that witnesses of last seen have been managed by the prosecution just to strengthen the prosecution version: It is contended that the case against the petitioner is one of further inquiry falling within the ambit of Section 497(2), Cr.P.C. It is argued that the petitioner is behind the bars since the date of his arrest and investigation being complete his corpus is no more required by the police for further investigation and as such no useful purpose would be served by his further detention in jail.

4. Contrarily learned Law Officer assisted by learned counsel for the complainant has opposed the contentions advanced by learned counsel for the petitioner vehemently . It is argued that the petitioner has been implicated in this case by the complainant through his supplementary statement. Adds that Sikandar and Iftikhar , are witnesses of last seen, who have seen the decease d in the company of the petitioner along with others. Learned counsel for the complainant submits that as a matter of fact, Muhammad, Asghar , Nasrullah and Zafar Ullah were the only legal heirs of Bahawal Sher, out of whom the complainant as well as the deceased were issueless and only in order to grab the landed property , one of the brother namely Ashgar has got committed murder of his real brother . Adds that the complainant of this case has also been got murdered by him in connivance with his co-accused. It is argued that the petitioner has been found guilty during the course of investigation and his name has been placed in Column No. 3 of the report under Section 173, Cr.P.C, It is contended that the offence alleged against the petitioner falls within the ambit of Section 497(1), Cr.P.C. In such circumstances, it is contended that the petitioner is not entitled to the relief prayed for by means of instant petition.

5. Arguments advanced pro and contra have been heard. I have also perused the record available on file.

6. Though the petitioner is not named in the crime report, however he has been implicated in this case by the complainant through his supplementary statement. Sikandar and Iftikhar , are witnesses of last seen, who have seen the deceased in the company of the petitioner along with others. It has come on the record that Muhammad Asghar , Nasrullah and Zafar Ullah were the only legal heirs of Bahawal Sher, out of whom the complainant as well as Zafar Ullah (deceased) were issueless and only in order to grab the landed property measuring 36-acres, one of the brother namely Ashgar has got committed murder of his real brother . The dead body of the deceased has been recovered from "Munda Nehar" according to which the hand and feet of the deceased were tied. The PWs have fully implicated the petitioner with the crime alleged through their statements recorded under Section 161, Cr.P.C. It is worth mentioning here that while showing highhandedness, aforesaid Asghar , co-accused has also got committed murder of the complainant namely Nasar Ullah Khan and in this regard separate case bearing FIR No.3, dated 02.01.2019, offence under . Sections 302, 109, 148, 149, 34, PPC, has been registered with Police Station, Kaleke Mandi, District Hafizabad. The facts and circumstances of the instant case prima facie reflect that the occurrence in this case has been committed in a pre-planned manner . The petitioner has been found fully involved in this case during the course of investigation and his name has been placed in Column No.3, of the report under Section 173, Cr.P.C. The offence alleged against the petitioner entails capital punishment. Sufficient incriminating material is available on the record to connect the petitioner with the commission of the offence alleged against him.

The contentions advanced by learned counsel for the petitioner require deeper appreciation. It is a settled principle of law that while disposing of bail applications the Courts are supposed to make tentative assessment of the material available on the record and deeper appreciation of evidence/material available on the record is always deprecated by the Superior Courts while adjudicating the ancillary matters like bail applications.

7. For what has been discussed above, I am of the considered view that the petitioner is not entitled to the concession of bail at this stage. Therefore, the instant bail petition having no merits is hereby dismissed .

8. Before parting with this order , a direction is issued to the learned trial Court to expedite the trial proceedings And conclude the same within three months from the receipt of this order and send a copy of the judgment to the Deputy Registrar (J) of this Court.