The Supreme Court (SC) has rejected the bail plea of Ghazi Arab, accused in the murder of Hakim Nohri in Umerkot. The court upheld the Sindh High Court’s prior decision to deny bail, solidifying Arab’s incarceration.
The three-judge bench, led by Justice Muhammad Ali Mazhar and including Justice Syed Hasan Azhar Rizvi (who wrote the judgment) and Justice Aqeel Ahmed Abbasi, found substantial evidence linking Arab to the homicide. The killing is documented under FIR No. 88/2024 at the Umerkot City Police Station, citing violations of Sections 302 and 34 of the Pakistan Penal Code.
The court addressed the one-day delay in filing the First Information Report (FIR), accepting the explanation offered by the victim’s son, Liaquat Ali. Ali stated he needed to journey from Tando Muhammad Khan to his village after a disturbing call from his father. Upon reaching, he discovered his father deceased, bearing visible wounds.
Arab’s arrest followed an incriminating statement from a co-accused, the deceased’s wife Mst. Sharifan. Recovery of the alleged murder weapon and a blood-stained cloth further implicated Arab in the crime.
The justices rejected the “rule of consistency” argument presented by the defense, which cited the bail granted to co-accused Jalal Nohri. The court determined that the roles of the two accused differed significantly, negating the applicability of the principle.
The court declared that the offense falls under Section 497(1) of the Criminal Procedure Code, which restricts bail except in specific situations. No such exception was found in this instance.
The apex court’s final statement indicated, ‘The petitioner has not presented a valid argument for bail. The High Court’s judgment is well-reasoned and stands.’
The bail application was rejected, and leave to appeal was denied. The court emphasized that its observations were preliminary and would not impact the ongoing trial.