2020 YLRN 147

UBAID ULLAH Versus State

Citation2020 YLRN 147

CourtGilgit-Baltistan Chief Court

Judge(s)Malik Haq Nawaz

ORDER

MALIK HAQ NAWAZ, J.-- -Ubaidullah son of Qadar Shah has sought post arrest bail in case FIR No.40/2016 dated 11.11.2016 registered under section 324/34, P.P.C. at Police Station Darel, District Diamer.

2. The petitioner after registration of FIR, went underground and was arrested after about a period of 02 years and 08 months. The petitioner applied for post arrest in the Court of learned Additional Sessions Judge Diamer, who refused the same vide judgment/order dated 04-07-2019.

3. The learned counsel for the petitioner submitted that co-accused Muhammad Wali with similar role has been released by the local police under section 169, Cr.P.C., which makes whole of the prosecution case doubtful and debatable. The rule of consistency is fully attracted in the case. The recovery has also been planted and has not been witnessed by any independent witnesses. The weapon of offence cannot be legally used against the petitioner as the same has not been sent to fire arm expert for his expert opinion. The case of the petitioner is one of the further inquiry and he be admitted to bail till disposal of the main case. The learned counsel for the petitioner relied on 2006 PCr.LJ 47, 2009 SCMR 299 and 2011 MLD 1649.

4. On the other hand the learned Dy. Advocate General submitted that the petitioner/accused is directly charged in the FIR, with a specific role of causing injuries with a fire arm. A 30 bore pistol was recovered from his possession on his pointation and a separate FIR No.14/2019, under section 13 A.O. has been registered against him. The learned Dy. Advocate General relied on 2005 YLR 470 and PLD 1997 SC 545.

5. The petitioner and co-accused Muhammad Wali were booked in the FIR, with a specific role of causing injuries to the victim Najeebullah but co-accused Muhammad Wali was released by the local police under section 169, Cr.P.C. The petitioner/accused went underground after commission of offence and remained absconder for a period of about 02 years and 08 months. Mere abscondence of the petitioner will not come in the way, when case of the accused/petitioner is one of the further inquiry.

6. The case of the petitioner is one of the further inquiry. He 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 any Judicial Magistrate at Chilas.

SA/129/GB Bail granted.