MUHAMMAD IJAZ KHAN, J.- This order is directed to dispose of an application filed by accused/ petitioner Sahibzada Noor Ul Ameen s/o Sahibzada Muhammad Idress for the grant of post arrest bail in a case registered vide FIR No. 34 dated 13.05.2025 under sections 302/324/449/148/149/295- B PPC at Police Station Toru, District Mardan.
2. Allegation against the accused-petitioner as set forth in the crime report is that he alongwith co- accused is charged for the murder of Wajid Ali Shah, Jawad Hussain, Mst. Bibi Gohara and Mst, Surriya Khanum, whereas for causing injuries to Mst. Farida Khan, Siyar Khan, Muhammad Danyal, Mst. Najma and Mst. Maryam Naila by means of firearms.
3. Arguments of learned counsel for the accused/petitioner as well as learned Assistant Advocate General assisted by the learned counsel were heard in considerable detail and the record perused with their able assistance.
4. The very contents of the crime report would show that in this occurrence as many as four persons have been done to death, whereas six persons have received injuries. The medico-legal reports of these victims are available on file, which shows that each one of them have received multiple firearm injuries on their bodies. The record also shows that 52 empties of 7.62 bore have been recovered from the scene of occurrence, and as petitioner has been nominated as one of the accused, therefore, prima facie he is connected with the commission of an offence which falls within the prohibitory clause of Section 497 Cr.PC.
5. As far as the ground pressed hard by learned counsel for the petitioner that some of the co- accused have been acquitted, therefore, the fate of the case of the present petitioner at the trial would be the same and as such petitioner deserves to be released on bail, however, such submission of learned counsel for the petitioner could not be appreciated as it is part of the record that the occurrence had taken place in the year 2012 and the present petitioner has been arrested on 05.05.2025 i.e. after 13 years of the occurrence. The record also shows that other accused were his closed relative, therefore, he was in the knowledge of being an accused in the instant FIR, but despite that he intentionally and willfully avoided to surrender himself before the law, therefore, releasing the petitioner on bail on the ground of acquittal of co-accused would amount to give him a premium of his abscondence, which in turn would defeat the very spirit and object of the law governing criminal administration of justice.
6. Even otherwise, the challan in this case has already been put in Court and the trial is about to commence, therefore, recording any further findings may prejudice the case of either party, therefore, in view of the judgment of Hon'ble Apex Court rendered in the case[1] has 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. Similarly, in the case[2] the Hon'ble Apex Court has held that the Court should not grant or cancel bail when the trial is in progress.
7. For the afore-stated reasons, the petition in hand is found meritless and the same is accordingly dismissed, however, as stated hereinabove that since challan has already been put in Court and trial is about to commence, therefore, the learned trial Court is directed to ensure the conclusion of the trial within a period of six months positively.
Observations recorded hereinabove are purely tentative in nature and should in no way prejudice an independent mind of learned trial court which needs to appraise the evidence strictly in accordance with law and merits of the case.
1. Muhammad Akram v/s Zahid lqbal & others (2008 SCMR 1715)
2. Rehmat Ullah v/s The State & another" (2011 SCMR 1332)