MASOOD ALAM Versus State

ORDER

MALIK HAQ NAWAZ, C.J.--- The details of the occurrence finds mentioned in the impugned judgment/ order passed by the vacation judge Gilgit vide judgment/order dated 28-01-2020. Para No. 2 of the judgment is reproduced herein as under:-

"According to the FIR one Izhar Ahmed son of Shah Alam resident of Samigal Paeen nephew of deceased Sadbar Khan reported that on the day of occurrence he along with his uncle Haji Sadbar Khan went to Civil Hospital Darel for the checkup of his uncle. It is in the FIR that time of occurrence was 12:45 p.m. Complainant Izhar Ahmed in his report alleged that when they reached near the outer entrance of Civil Hospital Gumari accused/ petitioner Masood Alam came at the scene of occurrence and started firing at his uncle Haji Sadbar Khan with a 30 bore pistol. Receiving the injuries Haji Sadbar Khan fell down on the spot and died instantly. Complainant Izhar Ahmed while reporting the occurrence has named the presence of PWs Zia-ur-Rehaman son of Moulvi Issa Khan and Muhammad Shafi son of Haji Wali Aman. Complainant Izhar Ahmed has also described the motive behind the occurrence. On the same day at about 1300 hours SHO Police Station Darel Faqir Muhammad registered the case vide FIR No.05/2018".

2. After having been failed to obtain post arrest bail from the Court of vacation judge the petitioner has come to this Court for concession of bail by means of instant petition.

3. The learned counsel for the petitioner submitted that the complainant has falsely reported the occurrence so he is not a competent witness and therefore, his Court statement is doubtful. He further submitted that the postmortem of the deceased has not been conducted and the trial of the case has not been completed despite lapse of more than 2 years.

4. The learned counsel for the complainant and learned Dy.A.G contested the arguments advanced by the learned counsel for the petitioner and submitted that the accused is directly nominated in the FIR. They further submitted that the trial of the case is almost completed and offence under section 302, P.P.C. provides capital punishment and at this stage the concession of bail if allowed may prejudice the case on both sides.

5. The record reveals that the accused was arrested red handed after commission of offence along with weapon of offence. The weapon of offence recovered from the petitioner was sent to forensic laboratory and a positive report has been received therefrom. The contention of the learned counsel for the petitioner that postmortem was not conducted is also rebutted from the prosecution file. The contention regarding material contradictions in the Court statement of eye-witnesses and improvements made, if any could be well answered by the prosecution at the time of final arguments.

6. It is evident from the record that the trial is at the verge of completion and two material PWs i.e. the Medical Officer and I.O. of the case yet remain to be examined. At this stage the concession of bail if allowed may prejudice the case of either party. There is prima facie case against the petitioner therefore, the instant petition is dismissed accordingly. File.

SA/46/GB Bail declined.