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Petitioner: Syed MUBARAK ALI SHAH VS Respondent: StateHonorable Justice Malik Haq NawazRashid Umer
2021 P Cr. L J Note 24 [Gilgit-Baltistan Chief Court] Before Malik Haq Nawaz, CJ Syed MUBARAK ALI SHAH and 2 others---Petitioners Versus The STATE---Respondent Criminal Miscellaneous No. 55 of 2020, decided on 29th April, 2020. Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, refusal of---Scope---Accused persons sought post-arrest bail in an FIR registered under S. 302, P.P.C.---Death of deceased was initially given the colour of suicide by the inmates of the house and she was buried---SHO (Station House Officer), on spy information, had submitted an application before the District Magistrate for exhumation of the dead body of deceased lady under S. 174, Cr.P.C. which was allowed and on the basis of medical report the accused persons were arrested---Accused persons had confessed their guilt before the Magistrate and their statements under S. 164, Cr.P.C. were recorded after observing necessary codal formalities---Petition for grant of bail was dismissed, in circumstances. Rashid Umer for Petitioners. Dy. A.G. for the State. Date of hearing: 29th April, 2020. ORDER MALIK HAQ NAWAZ, C.J.---The instant bail application has been filed by the present petitioners who were booked vide FIR No. 11/2019 dated 02-11-2019 registered at Police Station Thowar Rondu under section 302, P.P.C. whereby the Additional Sessions Judge Skardu has dismissed the bail application filed under section 497, Cr.P.C. for grant of post arrest bail which has been made impugned before this Court through the instant bail petition. 2. The learned counsel for the petitioners vehemently argued that the accused/petitioners are innocent and the police has falsely implicated them in the instant case. He further submitted that the FIR has been lodged after delay of almost three months which is mala fide and after thought of the police. He further argued that the names of the accused are not mentioned in the FIR and there is no eye-witness of the occurrence so, the case is one of the further inquiry therefore, the accused are entitled for concession of bail. 3. The learned Dy. A.G strongly opposed the arguments advanced by the learned counsel for the petitioners. He submitted that the police record shows that it was a planned murder and all possible efforts made to appear that the victim has committed suicide. He further argued that the medical report also negates any sign of suicide. Furthermore, the accused persons have confessed their guilt and got recorded their confessional statements before the Judicial Magistrate Skardu under section 164, Cr.P.C. which manifests that it is an honour killing so the accused/petitioners may not be granted the facility of bail. 4. I have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance. 5. It is evident from the record that initially the death of Mst. Gul Charah was given the colour of suicide by the inmates of the house and she was buried. Later on the SHO Thowar on spy information submitted an application to the District Magistrate for exhumation of the dead body of deceased lady under section 174, Cr.P.C. which was allowed and on the basis of medical report the present petitioners were arrested. 6. During the investigation the accused confessed their guilt before the learned Judicial Magistrate Skardu. The statements of the accused under section 164, Cr.P.C. were recorded by the Judicial Magistrate. Dilshad Ali Haideri after observing necessary codal formalities. The statements of the petitioner/accused are almost identical and tentative assessment of statement recorded under section 164, Cr.P.C. discloses that the petitioners are involved in a crime which carries capital punishment. 7. The learned counsel for the petitioners failed to point out any material illegality /irregularity in the impugned judgment passed by the learned ADSJ Skardu which is hereby maintained and the instant bail application is dismissed accordingly. File. SA/45/GB Bail declined.