Bashir Ahmed S/O Muhammad Hassan vs The State
Balochistan High Court · 2022 · Before Hon'ble Justice Muhammad Aamir Nawaz Rana
the applicant has sought post-arrest bail as he is arrested in pursuance of FIR No.47/2014 which was lodged at PS City, District Kalat on 05.07.2014 by Muhammad Siddique (complainant) u/s 302, 452, 354, 149, 148, 147 PPC.
2. Facts necessary for consideration are that on 05.07.2014 at 02:30 am, the complainant reported to the police officials of PS City Kalat that on the eventful night at around 01:15 am he was sleeping in his home; suddenly he heard firing and hue and cry, on which he woke up, came out from his house and listened weeping and cries from the adjacent house of Abdul Jabbar who is his brother-in- law. The complainant stated that he went in the house where he saw the body of his brother-in-law Abdul Jabbar lying in the pool of blood in the courtyard. The complainant alleged in the FIR that the wife of deceased i.e. Bibi Saeeda and daughter Bibi Rabia informed him that Criminal Bail Application No.492/2022 (2) Only for viewing purpose. Contact office for certified copy. they heard some noise and when they came out, they saw Abdul Hafeez son of Shafi Muhammad armed with weapon alongwith Sarfaraz Ahmed son of Shafi Muhammad and on roof, they saw Shafi Muhammad son of Ali Sher and two other armed persons standing; Abdul Hafeez son of Shafi Muhammad forcibly detained them in kitchen; Rabia told that she shouted and informed his father not to come out from the house as armed persons are standing outside but the deceased Abdul Jabbar came out and all the five persons started firing, resultantly Abdul Jabbar was murdered and accused persons escaped from the place of incident. Consequently, the FIR was lodged.
3. The investigation of the case was carried out and accused Shafi Muhammad was arrested. It is the case of prosecution that accused Shafi Muhammad had recorded statement u/s 164 Cr.P .Cand in his statement, the name of the applicant was surfaced first time as co-accused. The applicant had filed pre-arrest bail application before learned Sessions Judge, Kalat (“trial Court”) which was dismissed vide order dated 30.08.2022 and the applicant was arrested. Thereafter, the applicant filed post-arrest bail application before the trial Court which was also dismissed vide order dated 17.09.2022 (“impugned order”).
4. Mr. Rahib Khan Buledi, learned counsel appearing on behalf of the applicant contended that the applicant was neither nominated in the FIR nor in the statements recorded by the prosecution witnesses u/s 161 Cr.P .Cand subsequently on the basis of alleged confessional statement of accused Shafi Muhammad u/s 164 Criminal Bail Application No.492/2022 (3) Only for viewing purpose. Contact office for certified copy. Cr.P .C, the applicant was involved in this case. Learned counsel further contended that no independent corroborating piece of evidence, connecting the applicant in any manner with commission of alleged offence, is available on record. While concluding his arguments, learned counsel stated that the applicant has undergone investigation but nothing has been recovered from the applicant connecting him with commission of alleged offence. Mr.
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