AFTAB AHMED GORAR, J.--- Applicant booked in case Crime No. 360 of 2021 registered with Police Station Ittehad Town, Karachi under sections 302/ 109/34, P.P.C. has approached this Court by filing the captioned application for pre-arrest bail as his earlier bail application of similar nature had been dismissed by the trial court vide impugned order dated 06.07.2021.
2. Record reflects that applicant was admitted to interim pre-arrest bail vide order dated 09.07.2021 and today it is fixed for confirmation or otherwise.
3. Learned counsel for the applicant submits that applicant has falsely been implicated in this case by the complainant with mala fide intention and ulterior motives. Learned 'counsel for the applicant contended that there is no eye-witness of the alleged incident and the reason of murder of the wife of applicant was that complainant and other relatives have some reservations against the marriage of applicant and many threats of dire consequences to the applicant and his wife were extended. He further contended that there is delay of four days in lodging the FIR.
He argued that no source of knowledge about the murder of deceased Erum Shehzadi has been explained in the FIR by the complainant. Learned counsel for the applicant further argued that after obtaining pre-arrest bail, the applicant is regularly appearing before the trial court and this court. Lastly he prayed that interim pre-arrest bail order dated 09.07.2021 may be confirmed.
4. Conversely , learned counsel for the complainant vehemently opposed the confirmation of bail on the ground that sufficient material is available on record which connects the applicant with the commission of crime. He contended that the deceased Erum Shehzadi had disclosed to her sister about the misbehavior of her husband, the applicant.
He further contended that applicant is guilty of offence as one woman Erum Shehzadi has lost her life and his name is appearing in the FIR.
5. Learned Additional Prosecutor General Sindh while adopting the arguments of learned counsel for the complainant has also opposed the confirmation of bail and submitted that applicant is involved in a heinous crime of murder of his wife and sufficient material has been collected by the prosecution which connects the applicant with the crime.
6. The applicant is booked in heinous crime of committing murder of his wife namely Erum Shehzadi daughter of complainant. Perusal of impugned order reveals that learned trial court, after examining the material available with it, has rightly dismissed the bail application by observing that there is sufficient material available on record connecting the applicant with the alleged crime. Record further shows that after the incident the applicant left the Karachi and according to CDR applicant went to Islamabad and then Haripur . As regards issuing threats to his wife deceased Erum Shehzadi, perusal of the police papers shows that during her -life time deceased Erum Shehzadi had moved an application before Police Station Ittehad Town Karachi stating that in case of any loss to her life the applicant and his relatives will be responsible; further deceased Erum Shehzadi had filed application under section 491, Cr.P.C. for recovery of her minor children before , the Additional Sessions Judge-I, Haripur , which shows that there were disputes between the applicant and his wife. The name of applicant is appearing in the FIR and applicant has not uttered a single word as to why he has been falsely involved in this case. Besides above, the Investigating Officer of the case, who is present in court stated that the applicant had not joined the investigation after obtaining pre-arrest bail. It is also an admitted position that after the incident on 31.05.2021 the applicant by leaving his children with his uncle, left the Karachi and went to Haripur and had remained absconder till the date his application for pre-arrest bail was granted i.e. 03.07.2021.
7. It is settled that for deciding the bail application the court has to observe the tentative assessment and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case at this juncture. In this respect reliance is being placed on the cases of Saleh Muhammad v. The State (PLD 1986 Supreme Court 211) and The State v. Zubair and 4 others (PLD 1986 Supreme Court 173). Thus taking a tentative assessment of the available record, I am of the considered view that there is sufficient material available on record connecting the applicant with the alleged crime and being prima facie linked with the commission of the offence is held disentitled to the concession of bail. Resultantly , the interim pre-arrest bail granted to the applicant vide order dated 09.07.2021 is hereby recalled. The applicant is present in court he is taken into custody and remanded to Central Jail, Karachi.
8. Before parting with this order , it is directed that any observations recorded in this order , being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court where the case be decided on its own merits.