2019 PCrLJN 113

WALI UR REHMAN Versus State

Citation2019 PCrLJN 113

CourtGilgit-Baltistan Chief Court

Judge(s)Malik Haq Nawaz

ORDER

MALIK HAQ NAWAZ, J.--- The petitioners have been booked for the offences under sections 302, 324, 109/34, P.P.C. vide FIR No.11/2017 dated 03.08.2017 registered at Police Station Goharabad.

2. Post-arrest bail of the petitioners was refused by the learned trial Court vide judgment/order dated 06-12-2018 hence this petition.

3. The learned counsel for the petitioner submitted that the petitioners are not charged in the FIR nor the names of the eye-witnesses are mentioned in the FIR. The occurrence was a night occurrence and it was not possible for the eye-witnesses and inmates of the home to identify the assailants. The names of the petitioners have been mentioned by guess work. No overt act is attributed to the petitioner Nosherwan and Gohar Rehman and their involvement in the case is one of the further inquiry. The recovery of the Kalashnikov from the petitioner Wali ur Rehman has been planted by the local police just to strength the prosecution case. The case of the petitioner is one of the further inquiry and they deserve the concession of bail. The learned counsel relied on 2018 PCr.LJ 834, 2017 MLD 222, 2018 PCr.LJ 144, 2019 PCr.LJ 19 and 2019 MLD 04.

4. On the other hand Dy. Advocate General submitted that the case is a heinous one as the petitioners opened indiscriminate firing on the inmates of the house and a young baby of 2-1/2 years was seriously injured. The petitioner took life of one Rehmat Nabi, while Mst. Bibi Ayesha was critically injured. The prosecution witnesses have charged the petitioners for commission of this heinous offence. The case is fixed for evidence and the petitioners are not entitled for concession of bail.

5. The petitioners are not charged in the FIR and they were nominated by the eye-witnesses namely Moqaz Zaman and Bazeer Khan. The injured Bibi Ayesha has also charged the petitioners for the commission of offence. The contention of the learned counsel for the petitioner is that no recovery has been effected from the petitioner Nosherwan and Gohar Rehman is not tenable as recovery does not play a decisive role in such like offence. Non recovery of weapon of offence from the petitioner in such like cases does not play a decisive role. However it is noticed that the injured lady Mst. Bibi Ayesha and another lady Mst. Shamim the wife of deceased Rehmat Nabi, who were natural witnesses of the occurrence if have seen the assailants why they did not inform the complainant, who was none else but the real brother of deceased Rehmat Nabi and living in the same house. No over act is attributed to the petitioner Nowsherwan and Gohar Rehman even in the statements of eye-witnesses. The case of petitioner Nowsherwan and Gohar Rehman is one of the further inquiry. They are admitted to bail subject to their furnishing of bail bonds in the sum of Rs. 1000000/- (Ten lac only) with two sureties in the like amount to the satisfaction of trial Court, while bail up to the extent of Wali-ur-Rehman is declined.

MQ/31/GB Order accordingly.