NOOR ALAM Versus State
ORDER
AFTAB AHMED GORAR, J.--- Applicant Noor Alam son of Kabir Ahmed sought for post arrest bail in crime No. 283 of 2016, Police Station Docks, Karachi, registered under section 302, Pakistan Penal Code. Earlier the post arrest bail plea of the applicant was declined by the learned court of VI-Additional Session Judge, Karachi (West), vide order dated 18-04-2017.
2. As per prosecution, on the eventful day, complainant received telephonic conversation from Jafar Alam about receipt of bullet injury by his daughter Mst.Aamna; on arrival of complainant at Civil Hospital, dead body of Aamna was boarded in Ambulance returned back at home; whereby complainant came to know that post mortem of dead body of deceased has not been conducted; police arrived and took dead body led it to JPMC for post mortem.
3. Mr. Saadat Hassan, advocate, representing the applicant contends that applicant is quite innocent and has been involved falsely due to second marriage of applicant; deceased Aamna had internal reservations as such she had committed suicide; police has planted pistol and blood stained cloth of accused to strengthen the prosecution case; the post mortem report wherein duration of consumption of time is disbelieveable which had created dent in the prosecution case; prosecution has failed to bring ocular or incriminating evidence; case against the applicant is one of further inquiry.
4. Mr. Saleem-ul-Haque, advocate, representing the complainant contends that applicant is nominated in the FIR with specific role; applicant had caused murder of his innocent wife; blood stained clothes and Pistol have been recovered on the pointation of applicant; there is no question of committing suicide because deceased was also having three minor children therefore this question has no nexus in the prosecution case; all the prosecution witnesses have fully implicated the applicant in their statements recorded under section 161, Cr.P.C.; however; applicant is not entitled for concession of post arrest bail.
5. Seema Zaidi, Deputy Prosecutor General opt the arguments advanced by the counsel for complainant; per learned DPG there is sufficient material available on record which prima facie connect the applicant with the commission of offence; the dreadful act done by the applicant is serious in nature and while scanning the heinousness of offence applicant is not entitled for post arrest bail.
6. Heard and perused.
7. Admittedly, applicant is nominated in the First Information Report with specific role of causing murder of his innocent wife; on pointation of accused crime weapon i.e. 9mm pistol and white colour blood stained "banyan" have been recovered; the presence of applicant has never been denied at all at the venue of occurrence; postmortem report reflects that deceased received contusions bluish black of varying sizes seen over back and front of both thighs as such the death occurred due to neck and head injuries as a result of fire arm projectile; 9mm Pistol i.e. crime weapon bearing valid licence No.5699/11 in the name of applicant; as per report of Forensic Division Sindh allegedly recovered 9mm pistol was in working order at the time of examination and its system of firing is semiautomatic; the venue of occurrence is house of applicant where couple was residing altogether with their three children. As to the contention of learned counsel for the applicant that, deceased died due to suicide being annoyed of second marriage of applicant. To this aspect of the case it's very alarming to know herein, minor baby Noor Jahan daughter of applicant after return from tuition at home, went out of the house to purchase some sweets; baby Noor Jahan after a while when returned at home found her mother deceased Aamna sitting over earth, deceased was cautioning her baby Noor Jahan to come near to her, baby Noor Jahan was not allowed by her father ("present applicant") to meet her mother when her mother was alive and calling her baby in a helpless condition, the presumption would be gathered that deceased might be sensing to disclose something to her daughter; as otherwise her daughter was not allowed by her father ("present applicant") with sole aim and object best known to the applicant; this is quite inhuman act and sheer abuse off human norms as well as against the principles of natural justice; however from bare perusal of statement of Baby Noor Jahan there is no question which would depict with regard to the suicide multiplying the unnatural death of deceased Aamna, for which no plausible explanation is required to be offered.
8. Apart from above the dreadful act done by the applicant is heinous one needs scanning of the entire record when the trial would commence; there is tangible and reliable evidence collected by the prosecution available which prima facie created league and had good but strong nexus to the unnatural death of deceased Aamna as is caused by the applicant in the house, therefore, sensing all these material aspects of the case, applicant do not deserve any concession of post arrest bail at all. The offence as alleged has been committed by the applicant comes well within the domain of prohibitory clause of section 497(1), Cr.P.C. and is non-bailable in its nature as otherwise offence under section 302, P.P.C. carries capital punishment as such in the foregoing circumstances, I am not inclined to grant post arrest bail to the applicant.
9. At the juncture, what has been discussed above, the instant criminal bail application is dismissed.
HBT/N-8/Sindh Bail refuse