Bakhmal Versus State
Shakeel Ahmad, J .--- This petition has been moved on behalf of the accused-petitioner, Bakhmal, for admitting him to post-arrest bail till final conclusion of trial, who is detained in Crime No. 22 dated 07.04.2023, registered under Sections 302/324/148/149 P.P.C / 3/4 of Explosive Substances Act, at Police Station, Dara Adam Khel, Kohat.
2. Precise allegations against the accused-petitioner and his co-accused are that, they committed murder of one Shah Zaman and Shoaib, and also attempted at the life of complainant, ineffectively, as well as murderously assaulting at his companions by means of firearms in furtherance of their common intention/object. He was placed under arrest on 30.02.2024. Vide order dated 21.08.2024, he was declined post-arrest bail by the learned court below. Hence, this petition.
3. I have heard arguments of the learned counsel for the parties at length and examined the record with their valuable assistance.
4. It is from the record that the accused-petitioner and his co-accused have specifically been nominated in the crime report for committing murder of Shah Zaman and Shoaib, and also attempting at the life of complainant, ineffectively, and murderously assaulting at his companions by means of firearms. The crime was reported on the same day. The medico-legal report, site plan and version of the complainant, if placed in juxtaposition, on the face of the record, are consistent, inter alia. More-so, after commission of offence, the accused-petitioner remained at large for quite sufficient time, and finally, he was arrested on 30.02.2024. Besides, the co-accused, Jameel Khan, who has been attributed identical role, has been declined bail by this Court, vide order dated 11.01.2024, rendered in Cr.Mis.B.A No. 5225-P/2023.
5. It is observed that after completion of investigation, challan has been given and trial has now commenced, and out of total 34, 07 witnesses have been examined and 01 was abandoned. No doubt, commencement of trial or mere abscondance is no ground to refuse bail to the accused, if his case is otherwise fit for grant of bail, however, at the moment, the tentative assessment of the material on record leads me to the conclusion that there are reasonable grounds to believe that the petitioner has committed an offence which falls within the prohibition contained in Section 497 Cr.P.C, therefore, I am not inclined to release him on bail.
6. For what has been discussed hereinabove, this bail petition, being bereft of any merit, is hereby dismissed. However, the learned trial Court is directed to conclude the trial expeditiously, but not later than two months from the date of receipt of this order positively, under intimation to the Additional Registrar (Judicial) of this Court.
MQ/207/P Bail refused.