Judgments on Post Arrest Bail Application – Subah TV HD

Judgments on Post Arrest Bail Application

As per certificate annexed with the petition this is first post arrest bail application of the petitioner.

2.Briefly, the facts as per FIR are that on 26.04.2018 at about 12:00 P.M, the complainant along with the injured namely Ahmad Nawaz were going back to their home from Depalpur through a Toyota Corolla Car No.LZG/1040. When the reached mosque situated at the mansion of Muhammad Ali Sandr Jung Road, the petitioner along with his other co-accused namely Irfan, Imran, Sarfraz, and Yasin armed with their respective deadly weapon intercepted the complainant and in furtherance of their common object made murderous assault on the complainant and got injured Ahmad Nawaz; the Bhatija of complainant. The motive behind the occurrence was marriage of Muhammad Umar; the son of the complainant with Bhanji of Sarfraz co-accused. Hence, this FIR. 

3.                It has been argued by the learned counsel for the petitioner that there was an un-explained delay of 01-day in lodging of FIR; that the injury shown by the complainant was self-suffered; that the report of PFSA regarding recovery of armed weapon does not match with the empties allegedly recovered from the place of occurrence; that accused/petitioner is behind the bars and no more required to the police for further investigation, therefore, petitioner is entitled for the concession of bail.

4.                Learned ADPP for the State duly assisted by learned counsel for the complainant has vehemently opposed the petition and controverted the arguments of learned counsel for the petitioner that the occurrence is genuine and all the material evidence is available on the record to connect the accused with the commission of offence, therefore, prayed for its dismissal.

5.                Arguments heard. Record perused. 

6.                Scanning of the record transpires that the accused/petitioner is nominated in FIR with specific role of causing fire arm injury on the left hand of injured namely Ahmad Nawaz; the victim. It further transpires that during the course of investigation the crime weapon i.e. Rifle along with 10-alive bullets have been recovered from the petitioner. Furthermore the statements of witnesses as recorded u/s 161 Cr.PC and other material on the record connects the petitioner with the alleged crime which is of heinous nature. Therefore, I am not inclined to accept this bail petition and same is hereby dismissed. This order alongwith petition be annexed with the police report u/s 173 Cr.PC. 

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