ALI BAIG, CJ.----The instant petition under section 497, Cr.P.0 has been filed by the petitioners/ accused for grant of post arrest bail in criminal case FIR No. 18/ 2021 dated 11.06-2021 registered under sections 302 and 109, P.P.C. at police Station Yasin District Ghizer .
2. Briefly , stated the prosecution story as disclosed in the FIR is that some unknown person/ persons have committed murder of one Safar Ali son of Cohar Ali resident of Darkot Tehsil Yasin District Ghizer . During the investigation of the case the present petitioners/ accused namely Sher YAR ALI had confessed his guilt before the police stating that he has committed murder of the above named deceased, on the instigation / abetment of his co- accused namely Liaqat Ali and Meherban Ali.
3. The learned counsel appearing on behalf of petitioners/ accused contended that the petitioners are innocent and complainant in league with police has falsely implicated them in the instant case. The learned counsel for the petitioners/ accused further contended that co-accused Liaqat Ali was performing his duty at Yasin proper and he was residing mix there at the time of occurrence. The learned counsel for the petiti oners further contended that the another co-accused Meherban Ali was present at Gilgit at the time of commission of offence and he was not present at the place of occurrence. The learned counsel for the petitioners further submitted that sections 302, P.P.C. is not attracted to the case of petitioner rathers section 315/316, P.P.C. are attracted to the case of the petitioners and the said sections do not fall under the prohibitory clause of section 497, Cr.P.C. The learned counsel for the petitioners/ accused further submit ted that the petitioners/ accused are not directly nominated in the FIR and no specific role has been attributed to the petitioners/ accused. He further submitted that the case of the petitioners/ accused requires further inquiry therefore, the instant petition may be allowed and petitioners may be granted bail to meet the ends of justice.
4. On the other hand the learned Dy.A.G assisted by Mr. Islam Hussain, Advocat e appearing for the complainant vehemently opposed the contentions raised by the-learned counsel for the petitioners/ accused by contending that the trial of the case of the petitioners/ accused has commenced and if the petitione rs are released on bail they will tamper the prosecution witnesses namely Mst. Amina Bibi and Ahmed Yar as they are real brother and sister of accused/ petitioners. The learned. Dy.A.G and counsel for complainant further argued that the recovery of incriminating articles have been effected on the pointation of petitioner/accused, therefore, petitioners/accused are not entitled for concession of bail.
5. I have heard the arguments advanced by the learned counsel for the parties at length and also gone through the record of the case with their able assistance.
6. Although the petitioners /accused are not directly nominated in the promptly lodged FIR but during the investigation of the case the petitioner/accused namely Sher Yar Ali has confessed his guilty before the police stating the real fact of the occurrence. The police have recovered the weapon of offence i.e wooden stick on the pointation of accused Sher Yar Ali. The accused / petitioner namely Sher Yar is prima facie connected with the alleged crime, which falls within the ambit of the prohibitory clause of section 497, Cr.P.C, therefore, the accused/ petitioner Sher Yar is not entitled for concession of bail.
7. As far as co-accused namely Liaqat Ali and Meherban Ali are concerned, they are admittedly not present at the place of occurrence at time of occurrence rather they were residing at Yasin proper and Gilgit respectively .
Moreover , no overt act has been attributed to the above named co-accused in the FIR, rather it has been stated by some PWs in their statements recorded under section 161, Cr.P.0 that the above named co-accused had directed the principal accused Sher Yar Ali to be remained vigilant in their own house as the deceased has nefarious design towards their sister . The instant case to the extent of petitioners B Liaqat Ali and Meherban Ali requires further inquiry and they are entitled for concession of bail as there are no reasonable grounds for believing that they have committed murder of deceased.
8. For what has been discussed above, the instant petition to the extent of principal accused namely Sher Yar Ali is hereby dismissed, whereas this bail petition to the extent of petitioners/accused namely Liaqat Ali and Meherban Ali is allowed and they are admitted to bail subject to their furnishing bail bonds in the sum of rupees two lacs with two local sureties each in the like amount to the satisfaction of learned trial Court/ Sessions Judge Ghizer .
The instant petition is disposed of accordingly . File.