' By present application the cancellation of bail before arrest granted to Shahid Alam alias Guddu Behari in murder case has been sought. Pre-arrest bail was granted to him on 20-8-2003.
2. The facts relevant to this order are that on 2-6-2003 Mst. Sabira Khatoon wife of Nazeer Hussain reported to Orangi Extension Police that her husband Nazeer Hussain a mason was raising construction on the plot belonging to his sister-in-law Mahmoona in Street No,16 of Katcha Abadi known as Ethad Colony. Town Nazim Shahid Alam alias Guddu Behari came at the site and demanded Rs,5,000 for the raising of construction unauthorisedly. As Nazeer Hussain declined to make payment those persons assaulted him and caused injuries using spade (URDU TEXT) and base ball bat(URDU TEXT). They also caused injuries to labourer, Sikandar at that time and then went way.
3. On the same day Ameer Abdullah alias Moosa also reported to police that when he, under the instructions of Shahid Alam alias Guddu Behari, went to check the unauthorized construction in Ethad Colony he found Nazeer Hussain and other raising unauthorized construction when he prevented them from raising the construction they assaulted and caused him injuries.
4. Both of the reports were entered in the Roznamcha as non-cog. Offences and the injured were referred to hospital. Nazeer Hussain succumbed to the injuries in Jinnah Hospital whereafter the entry in the Roznamcha was incorporated under section 154, Cr.P.C. And the investigation was started. During the investigation two persons namely Mahmoona and Muhammad Noor recorded their statements under section 164, Cr.P.C. Alleging therein that Shahid Alam was also with the four persons named in the entry in Roznamcha when the demand for Bhatta was made and injuries were caused to Nazeer Hussain and Sikandar. Thereafter, Shahid Alam alias Guddu Behari was also challaned together with others.
5. After grant of protective bail by this Court to Shahid Alam he appeared before the learned Sessions Judge, Karachi (West) with an application for bail before arrest. After grant of interim pre- arrest bail his plea was considered and bail was confirmed vide order 20-8-2003. Thereafter, present application for cancellation of bail has been filed by Mst. Sabira, complainant and widow of Nazeer Hussain.
6. It has been argued on behalf of the applicant that initially police did not mention the name of Shahid Alam alias Guddu Behari in the F.I.R. And statements of the witnesses due to his influence as he was Nazim of Orangi Town. Later on, Mst. Mahmoona and Muhammad Noor gave detailed versions of the incident in their statements under section 164, Cr.P.C. Implicating therein Shahid Alam alias Guddu Behari. According to the learned Advocate the two witnesses have directly implicated Shahid Alam, respondent No,1 and also he is the principal character of the entire episode and cause of the problem. Learned Advocate further contended that while being on interim pre-arrest bail respondent, Shahid Alam alias Guddu Behari had issued threats of death to Mst. Mahmoona and Muhammad Sharif, witnesses and then Sikandar who all lodged such F.I.R.
Therefore, the respondent misused the concession of interim bail and his bail is liable to be cancelled.
7. Mr. Sardaruddin Qureshi, State counsel has supported the cancellation application stating that the two eye-witnesses have directly implicated the respondent No,1 and co-report in shape of entry at the incident Meer Abdullah alias Moosa that show that the main character in this incident was the respondent No, 1.
8. Mr. Shandat Awan, learned Advocate for respondent No,1 has argued that the learned Sessions Judge has rightly confirmed the bail before arrest of the respondent as in the entire initial prosecution case he was not among the persons allegedly assaulted deceased and Sikandar. It was seven days after the incident when two persons including Mst. Mahmoona a very close relative of Mst. Sabira who implicated Shahid Alam. Learned Advocate further contended that besides that 20 sitting members of the Town issued a joint certificate stating therein that respondent, Shahid Alam Nazim of Orangi Town was working in Orangi Town Office in their presence on 2-6-2003 from 3-30 p.m. To 7-00 p.m.
9. The prosecution case starts from the entry in the Roznamcha wherein the name of the respondent No,1 does not figure among the culprits. Statements under section 161, Cr.P.C. Recorded after the incorporation of entry under section 154, Cr.P.C. Also are not against this respondent. The learned trial Court has considered that aspect of the case and also the certificate issued by 20 sitting members of the Town keeping and belated statements of Mst. Mahmoona and Muhammad Noor. In the circumstances, the order does not call for any interference. Application is dismissed.