Directs trial court to record testimonies of material witnesses in two months

KARACHI: The Sindh High Court (SHC) has dismissed the bail application of an accused in a case pertaining to the murder of his wife.

However, the SHC directed the trial court to record testimonies of the material witnesses within two months positively and thereafter, the applicant would be free to file a fresh bail application before the trial court.

Qasim Anwar has been facing trial for allegedly killing his wife Itrat Hassan at their house in Khadda Market, Defence Housing Authority Phase-VI, on the night of March 14, 2023.

The accused moved the SHC after an additional district and sessions judge (South) had dismissed his bail application in April.

The lawyer for the applicant contended that the accused did not commit the alleged offense and he was framed by Darakhshan police with mala fide intention. As there was no one from the family of the deceased had come forward to lodge FIR, but the police intervened and lodged the report, he added.

Directs trial court to record testimonies of material witnesses in two months

The counsel also stated that the applicant’s wife was attacked by unknown persons as she was home alone. The victim had filed a family suit for dissolution of marriage by way of khula against her former husband Hassan Abbas with the narration that her husband was a short-tempered and psycho; he used to maltreat her and thus the family court granted khula in July 2022.

Therefore, the lawyer further contended that the possibility of causing injuries to the deceased by her previous husband could not be ruled out while he also relied upon the call data record of the applicant that on the very day, he was not present at the place of the incident as portrayed by the police, which required further inquiry.

A government lawyer argued that the applicant/accused committed murder by beating the victim cruelly, causing her death and there was enough evidence on record linking the accused to the crime.

The single-judge bench headed by Justice Adnan-ul-Karim Memon in his order observed that allegations had been leveled against the applicant that he caused severe injuries to the deceased, who succumbed to the injuries and died, and the applicant also allegedly sustained multiple injuries as per a medical certificate issued by the medico-legal officer (MLO).

The CDR report also supported the case of the prosecution and prosecution witnesses had also corroborated the case of the prosecution, it added.

The bench also noted that such factum required deep analysis, which could only be possible if the complainant and the MLO were examined by the trial court in terms of the charge framed by the trial court.

While referring to a judgement of the apex court, it further stated that the SHC ordinarily did not interfere with the progression of the trial to avoid discussion and remarks on the merits of the case and it had been long settled by the Supreme Court that when the trial was likely to commence or begin, bail application should not be decided on merits, and the matter be left to the trial court because it might prejudice the case of either party.

Published in Dawn, July 17th, 2024