Applicant Sajid Ali Shah, a police constable, .Who was allegedly hired to commit the murder of deceased Niaz Muhammad (Crime No.31 of 1191), Jamshed Quarters P.S., under section 302/34, P.P.C., as amended, had applied for bail before learned VII th Additional Sessions Judge (East), Karachi, but without success. He has, therefore, filed the present application seeking bail after arrest.
2. On 26-1-1991 at about 8 a.m. Deceased Niaz Muhammad was murdered by two unidentified persons, while he had gone to drop his children in Amna School, Patel Para, Karachi. One of them who had actually fired at deceased Niaz Muhammad .Was found to be the present applicant, a.
Hired assassin.
3. I have heard Mr. Khawaja Naveed Ahmad, learned counsel for applicant, Mr. Sarfraz Khan Tanoli, learned counsel for complainant and Mr. Abdul Hakeem Bijarani, learned A.A.-G. For State. The learned A.A.-G. Has opposed the bail application.
3-A. The perusal of the record shows that the applicant was identified as the assailant by complainant Muhammad Fayyaz and P.W. Dil Faraz. Admittedly no identification test of the applicant was held through these two witnesses, but the question in every criminal case is whether the accused put up on trial is the person who had committed the offence, and that can only be determined after the case proceeds before the trial Court. In fact it is the A identification of accused in Court alone which decides the fate of an accused and identification tests are held only to test the power of observation of a witness.
4. The offence of this nature in which the services of a hired assassin are procured can only be established through different pieces of evidence which make the chain. The case is at the preliminary stage and it is too early to extend concession of bail to a person who is alleged to have taken the life of an innocent person for money alone. No case for bail is made out and the application filed under section 497, Cr.P.C. Is accordingly dismissed. It may, however, be repeated before the trial Court after complainant Muhammad Fayyaz and P.W. Dil Faraz are examined.
5. By a short order, dated 7-6-1992 1 had dismissed the application for bail and these are the reasons for the said order.
N.H.Q./S-907/K