REHMAT ULLAH Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioners were booked for the above mentioned offence vide FIR No. 15/2013 dated 11-05-2013.

2. The petitioners went underground after the occurrence and were after a long abscondence they were arrested.

3. Post-arrest bail of the petitioners was refused by the learned Additional Sessions Judge Diamer vide judgment/order dated 12-12-2018, hence this petition.

4. The learned counsel for the petitioners submitted that the case is false and no worth reliance evidence has been brought on record to connect the petitioners with the alleged offence. The recovery from the petitioner No.2 is inconsequential as the same has not been sent to arms expert for expert opinion. The learned counsel submitted that the petitioners were not arrested intentionally by the local police and the abscondence is only a paper work. The case of both the petitioners is one of the further inquiry and they deserve to be admitted to bail. The learned counsel relied on PLD 2007 Karachi 27, 2007 PCr.LJ 1848 and 2013 MLD 170 in support of his arguments.

5. The learned Dy. Advocate General submitted that it was a day light occurrence and both the petitioners are directly charged in the FIR, with a specific role of causing death of deceased Karimullah. Weapon of offence has been recovered from the accused/petitioner Rehmatullah. Petitioner No.2 was present with petitioner No.1, which has not been denied by the defence. The case is one of the common intentions and both the accused are not entitled for concession of bail. The learned counsel for the complainant relied on 2013 PCr.LJ 1284/1706.

6. The FIR reveals that both the petitioners are nominated in FIR but role of petitioner Faizullah attributed ascribed in the FIR is that he was present with his co-accused at the time of commission of the alleged murder. The question of sharing of common intention will be thrashed at the time of trial after recording of some evidence. No recovery has been effected from petitioner No.2 Faizaullah. Petitioner Faizullah is admitted to bail subject to his furnishing a bail bond of Rs.10,00000/- (ten lac) with two sureties each in the like amount to the satisfaction of learned trial Court at Chilas. Bail upto the extent of petitioner Rehmatullah is declined, as he is directly charged for opening fatal shots on the person of deceased Karimullah. He went underground after the occurrence and was arrested after a long time. Long and unexplained abscondence militates against him coupled with a specific role of causing death of deceased Karimullah. There is a prima facie case against him and he does not deserve the concession of bail.

7. Petition partially allowed.

MQ/65/GB Order accordingly.