1. Accused Muhammad Ibrahim is facing trial in Sessions Case No,191 of 2002 under section 302/34, P.P.C. in the. Court of IIIrd Additional Sessions Judge, Karachi East.
2. The brief story of this case as per F.I.R. lodged by complainant Nasir Ahmed is that his father Lal Muhammad alias Laloo was addict of heroin. He had suspicion that his wife had developed illicit connections with Ibrahim. From 24-10-2001, his father, mother and Ibrahim were missing. His mother had also issued threats to his father to kill him.
3. The dead body of deceased was found from drainage on 3-11-2001. After discovery of dead body, complainant Nasir Ahmed lodged F.I.R. on 3-11-2001, alleging wherein that his father might have been killed by his mother Anwara Begum, Ibrahim and their other colleagues.
4. After registration of F.I.R. police took up investigation and arrested present applicant on 1-2-2002.
5. During the investigation further statements of complainant were recorded on 3-11-2001, 6-2-2002 and 11-2-2002. Ultimately police submitted interim challan on 9-3-2002 in the Court. .
6. It is contended by the learned counsel that the F.I.R. in this case was lodged after the dead body of. deceased Lal Muhammad alias Laloo was recovered from drainage. Nobody has witnessed this incident. Three times further statements of complainant have been recorded by the police and each time he has given different version.
7. It is argued that nothing incriminating has been recovered from the possession of accused. The police had recorded 161, Cr.P.C. statement of one Mst. Rahima on 2-2-2002 and her 164, Cr.P.C. statement was recorded on 11-2-2002 wherein she stated that on the night of incident deceased had come to her house and demanded water. She gave him the glass of water and he stated that accused Ibrahim and others were intending to kill him. She had seen three persons at some distance. It is submitted that Miss Munawara daughter of deceased was also examined by the police. She stated that she had overheard conversation of accused Ibrahim and Saleem. They were expressing that deceased Laloo had troubled them and that he should be killed. It is further submitted that accused Abu Saleem, Rasheed and Anwara Begum have been let off by the police.
8. Mr. Khadim Hussain learned counsel appearing for the State opposed bail plea of the accused on the ground that the circumstantial evidence is available against the accused and he does not deserve bail.
9. Perusal of record shows that incident was unwitnessed. Dead body of deceased Lal Muhammad was found from drainage after 10 days after his missing. F.I.R. of this case was lodged by the son of the deceased on 3-11-2001 wherein no witness was cited by him. Three times his furthei statements were recorded but each time he gave different version. On 6-2-2002, he exonerated his mother. On 11-2-2002, he gave another statement whereby, he exonerated accused Abu Saeed, Rasheed and his mother Anwara Begum. Police examined P.Ws. Mst. Rahima and Miss Munawara but both of them have disclosed suspicion against the present applicant as well as Mst. Anwara Begum wife of deceased. Complainant has given bristling statements by which he has exonerated his mother as well as other accused and as a result of which the police let off his mother as well as other two accused namely Abu Saeed and Rasheed. Nothing incriminating has been recovered from the possession of accused. Mst. Rahima and Miss Munawara had also shown their suspicion against accused in their statements.
10. In such situation, it cannot be held at this stage that the accused is guilty of the offence covered under the prohibitory clause of section 497(i), Cr.P.C. and as such, his case requires further inquiry.
11. The applicant is granted bail in the sum of Rs,2,00,000 (Rupees two lacs only) and P.R. bond in the like amount to the satisfaction of the trial Court.
12. Above are the reasons for a short order dated 28-2-2003.