ZOHAIB alias SUNNY Versus State
ORDER
ABDUL MAALIK GADDI J. ---Applicant/accused Zohaib @ Sunny seeks his release on bail in case Crime No.145 of 2019 registered at Police Station Model Colony, Karachi, under section 302/34, P.P.C.. Prior to filing this bail application, applicant also approached to the trial Court, whereby the learned trial Court rejected the bail plea of the applicant vide impugned order dated 31.07.2019; hence, instant bail application.
2. Facts necessary for the disposal of instant bail application as per statement under section 154, Cr.P.C. of complainant Amir Ali that about 10/11 years back, his sister Mehvish was married with Zohaib @ Sunny, he was doing job at Dubai, about three months back, Zohaib returned from Dubai and used to maltreat his sister, however, his sister did not disclose about such maltreatment. On 1st July, 2019 at about 07:00 p.m., mother-in-law of his sister Noshaba informed to his elder sister Rahila that, a quarrel had taken place in between Mehwish and Zohaib, so come and take her away, but she did not go. At about 11:00 p.m. Noshaba again received phone call that Mehvish was not feeling well, so that they should come immediately, whereby his sister Rahila came and found Mehvish lying in unconscious condition. She was taken to Jinnah Hospital, where doctors informed that she had already expired. Hence, this FIR.
3. Learned Counsel for the applicant while placing his arguments insisted that the alleged incident, from the facts of the FIR seems to be unwitnessed one, besides co-accused Shariq, Noushaba and Maria are already granted pre-arrest bail by the trial Court, therefore, the present applicant also deserves the same concession on the rule of consistency; that applicant is behind the bars since his arrest and no substantial progress has been made in this case and the applicant is the father of two minors child and nobody is behind them to lookafter them; that at the time of incident, applicant was out of his house, as such, he was not committed any offence as stated in FIR. In support of his contentions, learned Counsel has relied upon the case laws reported as PLD 1994 Supreme Court 885 [Khalil-uz-Zaman v. Supreme Appellate Court, Lahore and 4 others], 2008 SCMR 173 [Muhammad Daud and another v. The State and another], 2017 YLR 315 [Aftab and another v. The State], 2016 YLR Note 4 [Muhammad Salman v. The State] and 1996 PCr.LJ 1302 [Muhammad Naseem alias Naseemo v. The State].
4. On the other hand, learned Additional Prosecutor General, Sindh has opposed this bail application on the ground that dead body of deceased namely Mehvish, who was the wife of present applicant was recovered from the house of applicant and as per the medical report, available on record, death was occurred due to asphyxia caused by constriction of neck, manually a sin homicide, prima facie, shows the involvement of the applicant in this case, which appears to be serious in nature, which also falls within the prohibitory clause of section 497, Cr.P.C., as such, the applicant is not entitled for any relief.
5. I have heard the learned Counsel for the parties at a considerable length and have gone through the case papers, so made available before me.
6. From perusal of the contents of FIR, as well as police papers, it reveals that it is the case of domestic violence and during violence, the deceased Mst. Mehvish Ali, who is the wife of applicant, has lost her life allegedly at the hands of applicant due to his quarrel/maltreatment. Admittedly, the applicant/accused is nominated in FIR and he is also the husband of the deceased Mst. Mehvish, aged about 30-31 years. No doubt, the alleged incident as per prosecution case, is unwitnessed one, but Mst. Mehvish Ali being wife of the applicant, died in his house. Admittedly, when she expired, the information was communicated to the complainant party that condition of Mst. Mehvish was serious, whereby she was taken by the applicant party to Jinnah Hospital, Karachi, where the doctors confirmed her death, then the dead body was brought at home and kept in cold storage, but the applicant before the time of funeral ceremony given to the complainant party buried it. In this case, no post-mortem of the dead body of deceased was conducted, however, after lodging of FIR, Investigating Officer SIP Asghar Ali filed an application for exhumation of dead body of Mst. Mehvish Ali, such application was allowed by the learned Judicial Magistrate-XXIV, Karachi (East), vide order dated 04.07.2019, whereby the Medical Board was constituted and according to its initial report, the death of deceased occurred due to asphyxia caused by constriction of neck, manually a sin homicide. Besides, the samples have been collected for histopathology and chemical examination to rule out poisoning, as alleged by the relatives. Therefore, I am of the opinion that since the death of the deceased occurred due to asphyxia in the house of applicant being her husband, therefore, I am not convinced with the arguments so advanced by the learned Counsel for the applicant to the fact that at the time of alleged incident, applicant was out of his house and it could not be said that applicant is innocent and implicated falsely, especially, in the circumstances, in which his attitude towards the deceased being his wife was not proper and he got buried the dead body before arrival of the complainant party being his in-laws. On perusal of case papers, it appears that there are sufficient evidence against the applicant to connect him in the commission of crime, which is serious and heinous in nature and these type of cases are increasing day by day in our society, which are to be curbed with iron hands. Under the aforementioned facts and circumstances of the case, this bail application merits no consideration is hereby dismissed. The case laws cited by learned Counsel for the applicant have been perused and considered by me, but do not find applicable to the facts of the present case. Even otherwise, in Criminal Administration of Justice, each case has to be decided on its own facts and circumstances and Courts are required to exercise jurisdiction independently, as held by the Hon'ble Supreme Court of Pakistan in the case of The State v. Haji Kabeer Khan reported as PLD 2005 Supreme Court 364 and Muhammad Faiz alias Bhoora v. The State and another reported as 2015 SCMR 655.
7. It is made clear that the above observations are tentative in nature and would not influence the trial Court while deciding the case of applicant on merits. Since in this matter, one innocent women has lost her life, therefore, trial Court is directed to proceed the matter expeditiously and decide the same, preferably, within the period of two (2) months' and no unnecessary adjournment shall be granted to either side; so also, compliance report be submitted to this Court through MIT-II.
The bail application stands dismissed.
ADN/Z-1/Sindh Bail dismissed.