NADIR ALI Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioners have been booked for the offences under sections 324/224/186/ 353/34, P.P.C. vide FIR No.11/2012 dated 24.05.2012 of Police Station Gahkuch.

2. The petitioners applied for post-arrest bail before the Court of learned Sessions Judge Ghizer, which was declined vide order/judgment dated 28-11-2016 and being not contended with the order/judgment of the learned trial Court the petitioners resorted to this Court for relief of bail.

3. The learned counsel for the petitioners submits that the case of the petitioners is based on the mala fidies and ill will and there is no independent evidence which could be or will be used against the petitioners during trial. Per learned counsel offence under sections 353/224, P.P.C. are bailable, whereas the provision of section 324, P.P.C. are not attracted in the case. The accused are in judicial lockup since a considerable period and their detention will not serve any useful purpose. The learned counsel vehemently contended that as per prosecution own version the firing was opened by absconding accused Sita-ur-Rehman and not by the petitioners, therefore, the application of section 324, P.P.C. requires further inquiry. Petitioners Dil Nawaz is not nominated in the FIR and his case is also one of deep probe which would only be possible after recording evidence and till then the petitioner Dil Nawaz entitled for concession of bail.

4. The learned Dy. Advocate General vehemently opposed the bail and stated that the petitioners are hardened, dangerous and desperate criminals, who are involved in many cases of alike nature and their release on bail will be a sources of inspiration and courage for the likeminded criminals. The learned Dy. Advocate General further submitted that the petitioners are habitual criminals and are involved in many cases registered against them in some other districts of Gilgit Baltistan.

5. Arguments heard.

6. From the above narration of facts and events and perusal of the case files it becomes clear that the present applicants are specially named in FIR and commission of offence has been directly attributed to them and the finding of investigation has gone against them. The arguments of the learned counsel that the name of petitioner Dil Nawaz does not appear in FIR has exhaustively been dealt with by the learned trial Court. The present accused are charged for committing decoity at two petrol pumps of District Ghizer and they were arrested at the barrier/Police Check Post at Sherqillah. The accused/petitioners were committed to judicial lock in three case of similar nature but they escaped from the judicial custody and were arrested from District Diamer. It is also available on record that after their arrest when being transported from Sherqillah to Gahakuch in Government vehicle one of the absconding co-accused snatched a rifle from the Police and opened fire on the police personal.

7. The series of cases registered against the accused and their own conduct has disentitled them for any discretionary relief of bail under section 497 Cr.P.C. Each and every criminal case is decided according to its own peculiar circumstances and each and every case cannot be put in the cradle of further inquiry on some artificial and flimsy grounds.

8. In view of above discussion there is no merit in the instant petition, which is dismissed accordingly.

JK/259/GB Petition dismissed.