Zia son of Zyarat Gul resident of Agro Den Tehsil and District Swat presently confined in District Jail Swat has filed the instant application for post arrest bail, as he is charged under Section 324/34 PPC in case FIR No, 426 dated 3.7.2007 Police Station Kabal District Swat.
2. Brief facts of the case are that Ayub Khan son of Gulab Complainant-Respondent No, 2 reported the matter to Liaqat Ali Incharge head constable, Incharge Casualty, Saidu Group of Hospital Swat, to the effect that he alongwith his father were present in their house, that they were called by Khan Bahadar and on his call they came out of the house and they were told that in order to solve the money matter with respect to their brother in law, they should come near the house of Khan Bahadar. When they reached there, Khan Bahadar accused caught hold of the father of the complainant namely Gulab and Zia son of Zyarat Gul resident of Peera Khan Kila Angro-Dheri gave knife blows to the complainant father, with which he was hit on the right side of front abdomen.
Motive for the occurrence was stated to be the money matter between the parties. Ahmed Shah son of Tauoos and Khalid son of Chamni was stated to be the eye-witnesses and thus they charge the two accused Khan Bahadar son of Firdos and Zia son of Zyarat Gul in the FIR.
3.The murasila was sent to the Police Station Kabal Swat and on the basis of which FIR No, 426 dated 3.7.2007 was registered. Time of occurrence was stated to be 09.00 hours dated 3.7.2007.
4.The petitioner moved 'petition for bail before arrest in the Court of Muhammad Sabir Khan Additional Sessions Judge/Izafi Zilla Qazi, which was not confirmed and having being un- successful, the accused-petitioner submitted application for post arrest bail to Mr. Tariq Abbass Judicial Magistrate-II/Illaqa Qazi, Kabal, Swat, which was rejected vide order dated 19.11.2007.
Lateron the two accused Khan Bahadar and Zia submitted application for the post arrest bail in the Court of Sessions Judge/Zilla Qazi Swat, which came for hearing before Syed Muambar Jan, Additional Sessions Judge/Izafi Zilla Qazi Swat and the learned Court after taking the data available on the record came to conclusion that as the accused Khan Bahadur has been attributed the role of catching hold of the injured Gulab son of Manjawar, father of the complainant, so the application to that extent was accepted and he was enlarged on bail.
However, the application with respect to accused Zia i.e the present petitioner was dismissed vide order dated 10.1.2008 and thus, the petitioner Zia has come to this Court for post arrest bail. Mr. Masood Kausar Bar-at-Law, for accused-petitioner and Iftikhar Ahmed Advocate for complainant submitted written arguments, which was perused and placed on file.
5. It was submitted by the learned counsel for petitioner that the present occurrence is an unseen occurrence and the presence of Ayub Khan on the spot is also doubtful as he has not received any injury rather no attempt was made by the accused-petitioner to harm him. It was also submitted that neither the alleged motive is confidence inspiring nor the injury inflicted is grievous in nature besides also that the FIR has been lodged with considerable delay. It was also submitted that accused-petitioner has already spent six months in jail and thus is entitled to the concession of bail.
6. On the other hand counsel for the complainant submitted in his written arguments that there is promptly lodged FIR by the complainant and being a broad day light occurrence has been duly witnessed by the witnesses and thus the petitioner is not entitled to be released on bail.
7. I have gone through the record of the case and have considered the data available on the record, the occurrence is a day light occurrence in which Gulab father of the complainant was stabbed by the present petitioner, motive of the offence has been mentioned in the FIR and the same has been duly witnessed by the two independent witnesses namely Ahmed Shah and Khalid. Being a stab case and a day light occurrence, there is no chance of misidentification. The medical report with respect to the injury is on the file and the injury inflicted is on -the vital part of the body, thus reasonable grounds exist to believe that the accused is prima facie guilty of the commission of the offence.
8. In view of the above facts and circumstances of the case, there is no force in the instant bail application, which is dismissed. However, the prosecution is directed to submit complete challan in the Court within two months. If during the trial, new development takes place, the petitioner will be at liberty to move a fresh bail petition for his release on bail.