1989SCMR234 (PLP)

Date of hearing: 22nd February, 1988. ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the order of a learned Judge of Sind High Court dated 20‑10‑1987 refusing petitioners' request for grant of bail pending their trial in a case under sections 302/34, P.P.C. and 13‑D of Arms Ordinance. The report of the incident in the case was lodged by Khuda Bux at Sultan Kot Police Station on 23‑6‑1987 at 6 a.m., incident having occurred some time during the night. According to the version of the occurrence stated in F.I.R., first informant along with Mirza and Dur Muhammad was sleeping near their house, while his son Shah Nawaz (deceased) was sleeping at the nearby tube‑well. He woke up on the barking of dogs and went towards the tube‑well where he found the four petitioners armed with weapons, in that, Dhani Bux and Wahid Bux had lathies, Lali a hatchet and Jaro was carrying a pistol. He enquired from them as to the purpose with which they had come, whereupon Jaro petitioner fired a pistol shot at his son and all of them gave challenge that any one approaching would be done to death. The motive for the crime was mentioned‑ by the assailants themselves that they were killing Shah Nawaz as he was against the marriage of his sister to Wahid Bux petitioner. Petitioners initially approached Sessions Court, Shikarpur for grant of bail but their request was refused by the Additional Sessions Judge for these reasons:‑‑ "I have heard the learned counsel and perused the police papers and find that the names of the accused persons are mentioned in, the F.I.R. It is alleged that due to matrimonial dispute the accused persons had murdered the son of the complainant m furtherance of their common intention and all of them are vicariously liable for the offence. The torch was recovered by the police under mashirnama from the complainant. The offence is punishable with death or imprisonment for life. The P.Ws. Mirzan and Dur Muhammad have supported the case. in their 164 Cr.P.C. statements. I therefore in the above circumstances do not find any reasonable ground for the grant of bail at this stage. Consequently the bail is rejected." Learned Judge in the High Court who dealt with the same request, rejected it for these reasons:‑‑ "I have considered the contentions of both the learned counsel for applicants and State as well as the submissions made by the complainant's advocate. The motive attributed is sufficient and each one of the accused is identified and named in the F.I.R. prosecution witnesses have fully supported the prosecution case. The very fact that the applicants, three of whom Wahid Ali alias Wahid Bux, Lali and Jaro are brothers inter se and the fourth applicant is also their relation and g due to matrimonial ill‑will, they came to the place of incident armed with weapons and caused death of deceased Shah Nawaz. The source of identification is prominently mentioned in the F.I.R. and the prosecution witnesses in their statements before police and in

164. Cr.P.C. statements have implicated the applicants and there are circumstances available making out prima facie case against the applicants for having acted in furtherance of their common intention to kill the son of the complainant." After having gone through the record of the case in the light of the submissions made by the learned counsel for the petitioners, which were identical to those raised in the High Court, we find no exception whatsoever with the view that had been taken in the High Court. For these reasons there is no merit in this petition, and it is dismissed. M.Y.H./D‑32/S ????????????????????????????????????????????????????????????????????????????????? Petition dismissed.