MUHAMMAD IJAZ KHAN, J. This order is directed to dispose of the instant bail application filed by the petitioner namely Hamza Khan son of Dil Nawaz Khan for the grant of post arrest bail in case FIR No. 1101 dated 26.11.2022 under section 302, P.P.C. read with Section 15-AA KPK at Police Station City, District Haripur.
2. As per contents of the FIR the complainant namely Mazhar Hussain Shah son of Chan Shah has charged the present accused/petitioner namely Hamza for murder of his brother namely Hassan Ali Shah.
3. Arguments of learned counsel for the parties as well as learned Astt: A.G appearing on behalf of State were heard in considerable detail and the record perused with their able assistance.
4. The record would show that the complainant is not an eye-witness of the occurrence and he has stated that he has been informed by Touseef Shah and Muhammad Zahid about the occurrence.
The record indicates that on the same day the statement of these eye-witnesses namely Touseef Shah and Muhammad Zahid have been recorded under Section 161, Cr.P.C. and, thereafter, on the third day, their statements were also recorded under Section 164, Cr.P.C, who have singularly and directly charged the present petitioner for commission of the offence. The medico- legal/postmortem report available on file also supports the version of complainant and thus the accused/petitioner is prima facie connected with commission of offence of murder of deceased which is punishable with death or imprisonment with life, therefore, the same does fall within the prohibitory clause of Section 497, Cr.P.C.
5. As far as the grounds of the learned counsel for the petitioner that these eye-witnesses were not present at the spot as the eyes of the deceased were opened and that it was a bleated report and that no source of. light was shown in the guest house i.e. place of occurrence, recording any findings qua these grounds would amount to deeper appreciation of materials which is not permissible at bail stage and the same may prejudice the case of either party before the trial Court.
6. The record also shows that challan in this case has already been submitted in the Court, charge has been framed and four prosecution witnesses have also recorded their statements, therefore, in view of the judgment of Hon'ble Apex Court rendered in the case of "Muhammad Akram v. Zahid Iqbal and others" reported as 2008 SCMR 1715 where it was held that in a murder case when the trial is about to commence then grant of bail and its cancellation should not be encouraged so as to avoid any discussion or remarks on merits of the case.
7. For the afore-stated reasons, the petition in hand is found meritless and the same is accordingly dismissed, however, the learned trial Court is directed to conclude the trial within a period of three months positively. Observations recorded hereinabove are purely tentative in nature and should in no way prejudice an independent mind of learned trial Court during the course of trial.