ZAKIR JAFFER vs State S — 2022 PCrLJ 1242 ISLAMABAD

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ZAKIR JAFFER VS State S. 497---Penal Code (XLV of 1898), Ss. 302, 201, 511, 109, 118, 364, 368, 176 & 376---Qatl-i-amd, causing disappearance of evidence of an offence committed or giving false information to screen the offender in a capital offence, attempting to commit offence punishable with imprisonment and in such attempt doing any act towards the commission of the offence, abetment, concealing a design to commit an offence punishable with death or imprisonment for life if the offence be committed, kidnapping or abducting in order to murder, concealing or keeping in confinement a kidnapped person, intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information, rape---Bail, refusal of---Admittedly, accused-petitioners were not the principal accused under S. 302, P.P.C. but were to face the trial with respect to offences under Ss. 109, 201, 511, 176 & 118, P.P.C.--- Admitted position was that the petitioners were not nominated in the FIR but were investigated and arrested as the investigation progressed---Initially, accused-petitioners came under investigation in the light of the statement made by the principal accused when he divulged the police that he had informed the parents about the confinement of victim who was subsequently killed---Question regarding admissibility or inadmissibility of such statement though was a question for the Trial Court to determine but prima facie Arts. 38 to 40 of Qanun-e-Shahadat, 1984, were attracted---Independent CDR was available which clearly established that principal accused was in touch with the petitioners in the early and late part of evening between 6:30/6:45 p.m. till 9:00 p.m.---Watchman (Chokidar) posted at the residence of the petitioners i.e. the place of occurrence also confirmed that he apprised accused-petitioner about the confinement of a girl and the entire scenario but no effort was made to report the matter to police---Prima facie it seemed that the accused-petitioners aided and abetted the principal accused in the commission of offence, inasmuch as they had the information that victim was in confinement yet did not make any attempt to inform the police authorities---Case was almost ripe for trial, hence there was every likelihood that if accused-petitioners were enlarged on bail they might obstruct the course of justice, tamper with the prosecution evidence and/or try to influence the trial---Bail petition was dismissed, in circumstances.

ZAKIR JAFFER vs State S — 2022 PCrLJ 1242 ISLAMABAD

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