ZULFIQUAR JAFFRI vs THE STATE

ORDER

' By this order I propose to dispose of criminal bail application filed in respect of applicant Zulfiqar Jaffri in a case bearing crime F.I.R. No,28 of 1998 of Police Station Mirpur Buriro for an offence under sections 302, 147, 148 and 149, P.P.C. Read with section 13(d), Arms Ordinance, on 16-9-2000 an application for bail in anticipation of his arrest was moved in the Court of learned Sessions Judge, Jacobabad but the same was dismissed as withdrawn on 9-12-2000. Thereafter, second bail application being bail after arrest was moved in the Court of learned Sessions Judge, Jacobabad but the same was also declined by an order, dated 20-2-2001.

' The prosecution story as unfolded in the F.I.R. Is that on 6-5-1998 at 7.45 a.m. Complainant Gulab Din Jaffri appeared at Police Station Mirpur Buriro, District Jacobabad and filed an F.I.R. That on the night of incident at 3-00 a.m. There had been a quarrel in between Abdullah and his wife Mst.

Piriani on delivery of golden ornaments by the latter to the applicant. It has been further alleged that a day before the incident complainant and his son Hussain Bakhsh went to see his daughter Mst. Pirani in her house where Haji Audho, Abdullah, Zulfiqar, Rehman and his brother Dur Muhammad alias Duro were also present. Soon after the exchange of views and after having dinner they went into bed. At about 3-00 a.m. Mid night there had been a quarrel in between Mst.

Pirani and her husband Abdullah alias Bismillah who was found fighting with Mst. Priani on the ground that she is not delivering the golden ornaments to him. At this juncture Zulfiqar,

2. Rehman,

3. Audho,

4. Dur Muhammad came there and instigated Abdullah not to spare his wife Mst. Pirani, as she has refused to hand over the golden ornaments. Abdullah took out his. Gun and within the sight of the complainant and P.Ws., he fired from the same at his wife Mst. Pirani with an intention to kill which hit her and she fell down by raising cries Complainant and his son tried to intervene but the accused in the meanwhile left the house. Mst. Pirani was seen who had sustained fire-arm injury and was unconscious. Leaving Hussain Bakhsh for taking care of the injured Mst. Pirani at the place of occurrence, went to Police Station where he recorded the F.I.R. As above. Initially the report was registered under section 324, P.P.C. Read with other sections but after the death of deceased Mst. Pirani the section was converted into 302, P.P.C. The investigation followed and in due course the applicant was sent up to stand trial in the Court of Sessions Judge, Jacobabad.

' Heard arguments of Mr. Muhammad Ayaz Soomro, learned counsel for the applicant and Mr. Mushtaq Ahmed Korejo, Advocate for the State. It has been contended by the learned counsel for the applicant that as for applicant Zulfiqar Jaffri is concerned according to F.I.R. He was not shown to be armed with any kind of weapon and no role is attributed to him excepting instigation which is always usual in this part of country. Besides this no other overt act is attributed to him. Mr. Mushtaque Ahmed Korejo appearing on behalf of the State argued that the incident is old of 5-6- 1998 and the applicant was absconder since the date of incident up to 16-9-2000 when he surrendered before the Sessions Judge, Jacobabad for bail before arrest. Learned counsel, however, raised no objection to the grant of bail on the ground that no proceedings under sections 87 and 88, Cr.P.C. Were initiated against the accused.

I have given my anxious consideration to the arguments of the respective parties and perused the record. Admittedly no overt act has been attributed to the present applicant namely Zulfiquar Jaffri excepting a 'Lalkara'. As far the abscondence of applicant is concerned, it has been held time and again that fugitive from law and justice can loose some of the normal rights but it cannot be taken as hard and fast rule and every case has to be decided on its own facts and circumstances. Since no proceedings under sections 87 and 88, Cr.P.C. Were initiated against the applicant, I am of the view that the abscondence is not such by which the applicant could be disentitled from the concession of bail. In the light of above I enlarge applicant Zulfiqar Jaffri to bail in the sum of Rs,2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of trial Court.