Aug 24, 2021: Additional and Sessions Judge Ata Rabbani on Monday granted bails to Dr Tahir Zahoor, Chief Executive Officer of Therapy Works, and five of his employees for charges of allegedly hiding information in the murder trial against Zahir Jaffer.

The court also directed the accused to submit bail bond of Rs 5.5 million. The other accused who were granted bail include Wamiq Riaz, Dilip Kumar, Samar Abbas, Abdul Haq and Amjad Mahmood.

Earlier, the court had reserved judgment on the bail pleas of the Chief Executive Officer (CEO) Therapy Works and five other workers in the trial against Zahir Jaffer for murder of Noor Muqaddam.

During the proceedings, Barrister Zafar Ullah, who appeared on behalf of CEO Therapy Works, argued that police had not mentioned the names of their clients in the FIR but police held them on August 14.

He said they were nominated by the complainant in a supplementary statement after a delay of 14 days. The lawyer added his clients had reached Zahir Jaffer’s house but found the gates closed.

“Amjad managed to enter the room where Zahir had detained and murdered Noor Mukaddam on which Zahir tried to shoot him dead with a pistol but luckily the bullet got stuck in the barrel. “Then Zahir attacked Amjad with a knife and injured him critically,” he argued before court.

He said his clients had tied Zahir Jaffer with ropes when a police party arrived at the crime scene. He told the judge that his clients were not held by police from crime scene but later all were arrested on the basis of a supplementary statement of the complainant.

“It is mentioned in the law that those who are not nominated in the FIR but are accused in supplementary statements should be granted bail,” commented Barrister Zafar Ullah.

He told court that his client is 73 years old, suffering from heart disease and is eligible for bail as per law. The lawyer further argued that his client Amjad had cooperated in the police investigation.

He argued that the parents had called Therapy Works CEO instead of alerting police soon after getting the news of murder of Noor at the hands of Zahir Jaffer. “The role of Therapy Works CEO Dr Zahoor is very important in the case while police have the call data of Jamil,” he said.

Meanwhile Shah Khawar Advocate told court that the attack on Amjad by Zahir Jaffer was neither reported to police nor the injured visited hospital for medico-legal report.

“The management of Therapy Works intentionally brushed the attack on Amjad under the carpet and attempted to portray the incident as road traffic accident. Moreover, they pretended in record as if Amjad was stabbed and injured by any patient in Therapy Works,” he said.

The prosecutor said Amjad also underwent a surgery and was discharged from a hospital but the matter was not reported to police.

Meanwhile, Public Prosecutor Hassan Abbas was of view that the bails of the parents of the killer of Noor were rejected by court and they were fully involved in the heinous crime.

It was proved during investigation that Zakir Jaffar called Dr Zahoor at 7:07pm and then 7:12pm on the day of incident.

According to CCTV footage obtained by police investigators, he said, the Therapy Works team arrived at the crime scene at 8:06pm whereas police responded at 9pm.

Despite the entire episode, none of them had alerted police but here before court they claimed doing so, the prosecutor said. A neighbour had brought the matter into the notice of police.

*Court Transcript*

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IN THE COURT OF MUHAMMAD ATTA RABBANI ADDITIONAL SESSIONS IUDGE, WEST-ISLAMABAD Tahir Zahoor Ahmed …vs… The State Daleep Kumar etc …vs… The State Amjad Mehmood …vs… The State PETITIONS FOR BAIL AFTER ARREST
ORDER 11.08.2021

This single consolidated order shall decide the above captioned three after arrest bail petitions moved by the petitioners namely Tahir Zahoor Ahmed, Daleep Kumar, Sammar Abbas, Abdul Haque, Wamiq Riaz and Amjad Mehmood in same criminal case FIR No.380/2021 dated 20.07.2021 U/S 302/ 201/ 511/109/118/3./368/ 176/376 P.P.C, Police Station Kohsar, Islamabad.

The learned counsel for the petitioners argued that the petitioners are septuagenarians and have nothing to do with alleged offence. The petitioner Tahir Zahoor is a renowned psychotherapist. The petitioner has no nexus with the occurrence. The petitioner being elderly person is having multiple medical conditions including diabetes and heart disease and he is on continuous medication.

The petitioners are nominated through supplementary statement. The complainant case is structured on circumstantial evidence, complainant’s have no criminal record.

The petitioner Amjad Mehmood whose narrative against the petitioners and his legal team is destructive for its own case. The petitioners had been injured severely by the main accused Zahir Jaffar. The petitioners are clause of section 497 Cr.P.C. The matter is one of further inquiry.

The petitioners are behind the bars since their arrest. The petitioners have previously no criminal record. The section leveled against the petitioner does not fall within prohibitory.

On the other hand learned ADPP duly assisted by learned counsel for the complainant opposed the bail petitions and argued that the petitioners have the same role as of the co-accused Zakir Jaffar, Asmat Zakir et.

The petitioners have destroyed evidence in connivance with co-accused. It was duty of petitioners to inform the matter promptly to the police, but they did not do so. The petitioner Amjad was produced before the doctor as road traffic accident case. Since the bail of the co-accused has been dismissed by learned ASJ having same role, therefore petitioners am not entitled far grant of bail.

The file of bail petitions to record room after i. due Completion. in nature and will not affect the merits of the case. Ahlmad is directed to consign like amount for the satisfaction of the court. The above said findings are tentative bcmds to the tune of Rs.500,000/- (Five lacs) each with one local surety each or in Mehmood are admitted to post arrest bail subject to furnishing their surety Ahmad, Daleep Kumar, Sammar Abbas, Abdul Hague, Wamiq Riaz .cl Amjad post arrest bail petitions are accepted and the petitioners namely Tahir Zahoor.

In view of the above discussion there would be no useful purpose for the prosecution to keep the petitioners in jail for unlimited period. Therefore, present petitioners is not at par with the role of co-accused whose bail has been matter to the extent of present petitioners is one of further inquiry. The role of who just sent his team members on asking of the other main accused.

The main accused or his parents. The petitioner Tahir Zahoor is an old aged person the hands of main accused and this aspect shows that he was not in league of the disappearance of evidence on the part of petitioners would also be determined at trial stage.

The petitioner Amjad Mehmood appears to be aggrieved/victim at in the murder of Noor Muqadam a. matter of atternpt of causing arrival at the house of occurrence.

Prima facie the petitioners did not participate members had knowledge about the murder of Noor Muqadam much before their evidence. At trial stage it would be determined that the therapy work team with connivance of main accused or his parents to destroy/wipe-off the this stage it cannot be presumed that the therapy works team went to the spot Riot and Amjad Mehmood to the house of Zahir Jaffar on asking of Zakir Jaffar the father of slain accused.

Argument heard, record perused according to complainant Shaukat Muqaddam father of Noor muqadam (deceased) reported the incident to the police stating that on 19.07.2021 at afternoon he went to Gulraiz Rawalpindi to purchase goat, whereas his wife went to tailor at in Islamabad.

When the complainant came back to home at Magrib time, his daughter Noor Muqadam aged about 27/28 years was not present at home. His wife made telephonic call to Noor Muqadam on her cell number which was found switched of. They started searching their daughter and approached to her friends, then his daughter made telephonic call and informed that she was going to Lahore with her friends, will come back within 1-2 days.

On 20.07.2021, at noon time Zahir Jaffer, (main accused) telephonically informed parents of Noor Muqadam she is not with him. On same day at 10:00pm the complainant received information from Police Station Kohsar about the murder of his daughter, then he rushed to Police Station.

The police took him to the house of Zakir Jaffer, where he saw his daughter who was done to death with sharp edge weapon. Upon said complaint initially the FIR was lodged u/s 302 P.P.0 against the main accused Zahir Jaffar.

During course of investigation the complainant made supplementary statement and nominated the parents of the principle accused and others. The complainant made supplementary statement on 24.07.2021 in light of disclosure of Main accused and nominated the petitioners namely Daleep Kumar, Wamiq Riaz., Sammar Abbas, Amjad Ali, Abdul Haque as well.

The police added the sections 176/109/201/511 P.P.0 and again after receiving the DNA report added sections 118/376/364/368 P.P.C. 5.

It is an admitted fact that the petitioner Tahir Zahoor Ahmad is running a psychotherapy clinic and other petitioners namely Daleep Kumar, Sammar Abbas, Abdul Hague, Wamiq Javed and Amjad Mehmood are the member of his team. The petitioners were not present in the house of occurrence when the main accused Zahir Jaffer committed brutal murder of Noor Muqadam.

As per cornplainant’s own statement based on disclosure of main accused the therapy works team reached to the house of occurrence and the petitioner Amjad tried to caught hold main accused Zahir Jaffar, whereupon the main accused caused injuries to Amjad (petitioner).

The police record show that the petitioner Tahir Zahoor Ahmad who is running it psychotherapy clinic sent his team members namely Daleep Kumar, Sammar Abbas, Abdul Hague, Wamiq Javed to house of main accuses.

Mr.7.afar Ullah Khan advocate for the petitioner. Mr.Shah Khawar advocate for the complainant. Mr.Hassan Abbas ADPP and Sajid Cheenfa Inspector legal for the State. 1.0 with record. Mr.Zafar Ullah Khan advocate submitted fresh power of attorney on behalf of the petitioner.

Arguments heard, record perused. Vide separate consolidated order even dated, bail petition,of the poll boot Tahir Zahoor is accepted and the petitioner is admitted to post arrest bail subject to furnishing his surety bond to the tune of Rs.500,000/- (Five lacs) with one local surety or in like amount for the satisfaction of the court.

The above said findings are tentative in nature and will not affect the merit of the case. A11111,1,1 is directed to consign the file of bail petitions to record room after its due completion.

Announced 23.08.2021 Q;13. D/Additional Sessions Judge West-Islamabad /

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