' RAI-IMAT HUSSAIN JAFFERI, J.--- The bail application has been filed in respect of murder of deceased Hafizur Rehman, which took place on 17-1-2005 at 11-30 a.m. In the shop No,6/D, Rajput Milk Shop, Block "Q", North Nazimabad, Karachi. Two F.I.Rs. Have been registered by the police in respect of one and same crime. The first F.I.R. Being No,20 of 2005 was registered on the day of incident at 3-00 p.m. The said F.I.R. Was lodged by the applicant Khalil (herein after referred, to as "the applicant"). In the said F.I.R. The applicant claimed that he and the deceased were present in the shop when four robbers came and tried to commit robbery. During scuffle the robbers fired at the deceased who received the injury and died. The police investigated the case. After conducting post-mortem the dead body was handed over to the legal heirs of the deceased.
2. Zeeshan Faisal, complainant of F.I.R. No,91 of 2005 was the son of the deceased. He was served in Army and was posted at Glacier. He also came and received the dead body. He suspected about the actual incident, therefore, he made some inquiries and subsequently, he was of the opinion that the deceased was not murdered in the manner as disclosed by the applicant in his F.I.R.
Therefore, he lodged the report of 30-3-2005 at 1-00 p.m. At police station against the applicant showing him to be the murderer of deceased Hafizur Rahman.
3. On the same day the police arrested the applicant. On the next day viz. 31-3-2005 the police recorded the statement of P.W. Babar. The police also secured two empty bullets from the place of incident when they visited the same on the day when the incident of robbery and murder was alleged by the applicant. After the arrest of the applicant he volunteered to produce the pistol, therefore, on 10-4-2005 the police recovered the pistol. They sent the pistol and empty bullets to Forensic Science Laboratory for examination and report. The report was positive. The police also recorded the statement of Habibullah Khawaja on the point of motive. After collecting the above evidence the applicants were challaned in the Court. The applicant and accused Muhammad Saleem moved bail application before the trial Court but the same was dismissed, hence the present application.
4. I have heard the Advocates for the applicants, complainant, A.A.-G. And perused the record of this case very carefully.
5. The learned Advocate for the applicant and accused Muhammad Saleem has stated that there is delay in lodging the F.I.R.; that the incident as narrated by the applicant was true and correct; that the incident as alleged by the complainant in this case was not witnessed by anybody; that the investigation was conducted malafidely; that the statement of P.W. Babar was recorded after two months of the incident, therefore, it has lost its evidentiary value; that the pistol and empties were sent together, therefore, the Forensic Science Laboratory's report carries no weight.
6. Conversely, the learned Advocate for the complainant has stated that from the statement of P.W.
Babar the involvement of the applicant has been established; that there is recovery of articles of the deceased from the applicant; that the applicant had also produced pistol, which matched with the empties, secured from the place of incident. Therefore, the evidence is sufficient to involve the applicant. The learned A.A.-G. Has adopted the arguments of the Advocate for the complainant and further added that the police have collected evidence of motive in the shape of statement of P.W. Habibullah Khawaja and Bank officials, therefore, the applicant is not entitled to the concession of bail.
7. I have given due consideration to the arguments, gone through the material available on the record and found that for the same incident two F.I.Rs. Have been lodged. One was lodged by applicant and the second by Zeeshan Faisal son of the deceased. The applicant alleged that it was the case of robbery in which the deceased lost his life, whereas the complainant of F.I.R. No,91 of 2005 alleged that the deceased was murdered by the applicant. The police investigated both the cases. During the investigation of this case the police, on the next day of lodging of the F.I.R. No,91 of 2005, recorded the statement of Babar. From his statement, which has been read in the Court. It appears that he has involved the applicant with the commission of this crime. He has also shown the motive for commission of the murder and that motive has been attributed to the applicant. The oral evidence is further corroborated by the recoveries of crime-empties from the place of incident and the recovery of pistol, on the information supplied by the applicant. Both the articles were sent to Forensic Science Laboratory. The report is in positive. As such, at this stage it appears that the pistol, produced by the applicant, was used in the commission of the murder of the deceased.
There is recovery of articles from the possession of the applicant which belonged to the deceased.
There is also evidence of motive in the shape of statement of Habibullah Khawaja. As such, the police have collected sufficient evidence which is sufficient to involve the applicant with the commission of this crime. As such, there are reasonable grounds for believing that the applicant Khalil is involved in the case.
8. The learned Advocate for the applicant and accused Muhammad Saleem has attacked the evidence of P.W. Babar on the ground that it was recorded after two months of the incident. In this connection it is pertinent to point out that the witness stated before the police that the applicant had threatened him not to disclose the facts to anybody otherwise he would face dire consequences. As such, the P. Ws. Have furnished explanation for giving statement late before the police. "Apart from that the P.W. Babar has also moved' an application before this Court supported by an affidavit that he was receiving threats from the accused not to depose in the Court. As such, it appears that the applicant is trying to tamper with the evidence. The witness further stated that after the arrest of the applicant he gave the statement. The explanation furnished by the witness appears to be genuine, however, this point requires deeper appreciation of evidence which can be undertaken at the time of trial. At the bail stage only tentative assessment is to be made and from that assessm ent the statement of Babar can be looked into at this stage.
9. As regard the case of accused Muhammad Saleem, P.W. Babar disclosed that after the incident the accused Saleem brought his motorcycle immediately at the place of incident on which the applicant Khalil sat on it and then the accused Saleem drove away the motorcycle. The act of Saleem appears to be done in furtherance of common intention of the commission of this crime.
As such, his case is also covered under Section 34, P.P.C.
10. After considering the material available on the record I am of B the considered view that there are reasonable grounds for believing that the applicant and accused Muhammad Saleem are involved in the crime, therefore, they are not entitled to the concession of bail. Therefore, the application is dismissed.