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Petitioner: RAJ MALIKDAD VS Respondent: StateHonorable Justice Syed Muhammad Attique ShahJunaid Anwar Khan
2019 P Cr. L J Note 67 [Peshawar] Before Syed Muhammad Attique Shah, J RAJ MALIKDAD---Petitioner Versus The STATE---Respondent Criminal M. B. No. 768-A of 2018, decided on 22nd October, 2018.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 295 & 201---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to qatl-i-amd, rioting, armed with deadly weapon, common object, injuring or defiling place of worship and causing disappearance of evidence of offence or giving false information to screen offender---Possessing unlicensed arms---Bail, grant of---Further inquiry---Rule of consistency---Applicability---Accused was charged for effective firing upon the deceased and injuring another---Post-mortem examination of deceased was not conducted to ascertain the cause of death---No statement of injured person was recorded during the course of investigation---Cross version of the FIR had been registered---Perusal of both the FIRs revealed that free fight between the parties resulted in injuries and murders from both the sides---Case against accused squarely fell within the ambit of further inquiry---Co-accused had already been granted bail by High Court, thus on the basis of principle of consistency, accused deserved concession of bail---Accused was released on bail, in circumstances.
Junaid Anwar Khan for Petitioner.
Yasir Zahoor Abbasi, Assistant A.-G. for the State.
Date of hearing: 22nd October, 2018.
JUDGMENT
SYED MUHAMMAD ATTIQUE SHAH, J.---Accused/ petitioner Raj Malik Dad seeks his release on bail in case FIR No. 21 dated 24.05.2018 under sections 302/324/148/149/295/201, P.P.C. read with section 15-AA, Khyber Pakhtunkhwa of Police Station Karor, District Torghar.
2. Brief but essential facts of the case as per FIR are that complainant Said Muhammad Khan son of Abdul Akbar reported the matter to the local police that he along with Said Rehman son of Wazit Khan were coming out of the mosque after offering Zohar Prayers and when came in the courtyard of mosque, Zubair and Zuqaib Ahmed armed with knives, Zahir Dad son of Latif armed with pistol were present. Zubair and Zuqaib attempted at the life of Said Rehman by inflicting Churri blows to him while Zahir Daad made firing upon Said Rehman with .30 bore pistol as a result of which he died on the spot. On hue and cry of the complainant, his relatives as well as the relatives of the accused party duly armed with Kalashnikovs and knives attracted to the spot. Raj Malik Daad made firing with Kalashnikov which resulted into death of Mst. Sahib Roza as well as firearm injury to Rubina Bibi. Atta Ullah inflicted knife blows to Bakhtmeen Khan and Taj Ameen. Naseeb Dad inflicted Churri blow to Dalil Khan. Occurrence was witnessed by the complainant and his companions present at the spot.
3. Arguments heard and record gone through.
4. Perusal of record reveals that accused/petitioner is charged for making effective firing upon Mst. Sahib Roza as well as Mst. Rubina Bibi. Mst. Sahib Roza succumbed to the injuries at the spot, while Mst. Rubina Bibi was injured. The record further suggests that post mortem examination of deceased Mst. Sahib Roza was not conducted to ascertain the apparent cause of her death. Similarly, during course of investigation no statement of injured Mst. Rubina Bibi could be recorded. It is also worth mentioning that one Zahir Daad also lodged report regarding the present incident vide FIR No. 22 dated 24.05.2018 of Police Station Karor, which is a cross version of present case. When both the FIRs are read in juxtaposition, it seems that it was a free fight between the parties resulting into injuries to several persons as well as murders from both sides. Keeping in view the cross versions as well as the fact that there is neither any medico-legal report nor postmortem reports of the deceased to substantiate the version of complainant. Therefore, at present the case against the accused/petitioner squarely falls within the ambit of further inquiry. Co-accused Zuqaib, charged for the murder of deceased Said Rehman, has already been granted bail by this court vide order dated 01.08.2018, thus on the basis of principle of consistency too, accused/petitioner deserves concession of bail.
5. Resultantly, the petition in hand is accepted. Accused/petitioner be released on bail on furnishing bail bonds in the sum of Rs. 100,000/- with two sureties each in the like amount to the satisfaction of Judicial Magistrate/MOD concerned, who shall ensure that sureties are local, reliable and men of means.
SA/8/P Bail granted.