MALIK HAQ NAWAZ, CJ.---- Through the instant bail petition filed under section 497, Cr.P.0 by the petitioners named above the petitioners seek their post arrest bail and made impugned the order dated 27-04-2020 passed by the learned Sessions Judge District Diamer whereby the learned Sessions Judge Diamer was pleased to refuse facility of bail to the present petitioners.
2. Brief facts as per record of the case are that on 11-03-2019 one Shahbaz alongwith his niece went to Gumari for condolence on death of one of their relati ve boarding on vehicle bearing No. NCP 1485 which was being driven by his son. While returning home when they reached in the street of their house, the accused Kareem Ullah, Jeel Muhammad and Ibrahim son of Iqbal Khan and Qadir opened indiscriminate firing on them with lethal weapons.
Due to the firing one Zia Ullah son of Majeel Khan died on the spot while one fire shot hit at the hand of Shahbaz.
The occurrence was witnessed by Ghani Rehmat, Nazeer Ullah and Muhammad Azam who were also boarded in the vehicle. It is also mentioned in the FIR that this occurrence happened due to conspiracy of one Sabir and motive behind the occurrence was due to old enmity between the parties.
3. The learned counsel for the petitioners vehemently argued that the occurrence has happened in the dark hours of night and unseen one, there was no source of light to identify the accused who have been falsely implicated in the FIR. He further argued that the prese nt petitioners have been malafidly implicated in the present case due to old enmity between the parties and no recovery has been effected from the petitioners Nos. 1, 2 and 4. He further argued that a co-accused of the case namely Sabir has been granted the facility of bail while the same was refused to the extent of present petitioners which has severely disturbed the services of the petitioners as petitioner No.1 is employed as Nursing in health departme nt while petitioner Nos.2 and 3 are also serving as Grade-1, hence the case of prosecution is based on false and frivolous allegations and just to harm the services of the petitioners on the basis of old enmity .
4. On the other hand the learned Dy. A.G opposed the contentions raised by the learned counsel for the petitioners and submitted that the eye witnesses of the occurrence as mentioned in the FIR strongly support the prosecution case through their statements recorded under section 161, Cr.P.C on 12-03-2019 soon after the occurrence. He further argued that the accused named above have remained fugitive from law till 07-01-2020 resultantly warrant under section 204, Cr.P.C were issued but the petitioners did not surrender themselves before the law enforcing personnel, thereafter proceedings under section 87 were initiated against the accused/petitioners. He further submitted that if the present accused/petitioners were innocent and were not involved in the case then why they have not faced the proceedings at initial stage which clearly manifests that they are not innocent. Furthermore, the recording of subsequent statements by Mir Ghani SIP/SHO are based on mala fide intentions and ulterior motives and have no value in the eyes of law. The accused have taken a valuable life and also injured the complainant with lethal weapons and the offence falls within the prohibitory clause of section 497, Cr.P.C therefore, the accused /petitioners are not entitled to the concession of bail and this court may not grant facility of bail to the directly involved accused persons in the greater interest of justice and equity .
5. I have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance.
6. The eye-witnesses, whose names are mentioned in the FIR have supporte d the prosecution version. The statement of Muhammad Azam, Ghani Rehmat and Nazir Ullah were recorded on 12-03-2019. The strange aspect of the case is that one Shafiq Ur Rehman who is none else but real son of the complainant Shahbaz Khan and was driving vehicle, when it was attempted, his statement was not recorded by the then I.O, of the case. His statement as per record was recorded by Mir Ghani, I.O. on 12-01-2020 after arrest of the petitioners who stated in his statement that due to darkness, he could not identify the assailant.
7. The statement of PW Shafiq Ur Rehman who is a natural witness of the occurre nce has brought the case of the petitioners within the ambit of further inquiry . Who is to be believed and who is not to be believed will be determined at the time of trial after recording pro and contra evidence.
8. In view of above the petitioners are admitted to bail facility subject to their furnishing of bail bonds amounting to R. 10,00,000/-(ten lac only) with two sureties each in the like amount to the satisfaction of trial Court. File.