1999 PLP 344 (MLD)

Sher Muhammad Shar, A.A.-G. for the State The applicants are involved in a F.I.R. No.23 of 1993 recorded at Police Station Buxapur on 17-9-1993, under sections 302, 449, 436, 427, 114, 404, 147, 148, 149, P.P.C. and 13-D of Arms Ordinance. Applicants are facing trial in the Court of Special Judge S.T.A. Jacobabad i.e. Sessions Judge. Charge has been framed against the applicants and some witnesses have also been examined. Their bail application was rejected by the S.T.A. Court and inter alia it has been observed: "In this horrible incident of carnage eleven members of a family including eight children of age ranging from 2 to 12 years have been killed and cremated alive and the house of the deceased were completely gutted and such action was resorted to only because the applicants and their main accomplices absconding accused Muhammad Alim and others disapproved marriage of a lady, namely Mst. Zubedah in the family of the complainant party though both the parties belonged to the same Dombki caste. Few days prior to this incident some of the applicants are said to have murdered Lakhmeer brother of Mst. Zubedah within the jurisdiction of Police Station Kandhkot. In the night between 16th and 17th May, 1993 the applicants alongwith their absconding accomplices who are their close relations, and few un identified persons besieged the house of deceased Mirzan. They were armed with deadly weapons including Kalashnikovs. They barged into house, made heavy firing killed Mirzan, his wife, his two sons, his two daughters and five other persons namely Mst. Sakeena wife of Allah Bux, Mst. Rukaya daughter of Allah Bux, Mst. Rabia, daughter of Allah Bux, Muhammad Bux S/o Allah Bux and Mst. Shah Parri daughter of Khadim Ali. All the eleven human-beings were cremated alive. " After such finding this bail application was dismissed holding that the applicants are not entitled to the concession of bail even on statutory grounds as they are hardened, desperate and dangerous criminal. The words hardened, desperate and dangerous, are defined by their lordships of the Hon'ble Supreme Court in the case of Moundar and others v. The State (PLD 1990 SC 934). In that case these words have been defined as: "The word 'harden' has been defined to mean, inter alia, (1) to render or make hard to indurate, (2) to embolden confirm, (3) to make callous or unfeeling and (4) to make persistent or obdurate in a course of action or state of mind. The 'hardened' has also been defined to mean 'made hard, indurated; rendered callous; hard-hearted; obdurately in a course.' The meaning of the word 'desperate' inter alia, are in relation to person; driven to desperation hence reckless, violent, ready to risk or do anything. The word 'dangerous' inter alia, means as fraught with danger or risk; perilous, hazardous, unsafe. These appear to be the meaning intended to be conveyed by the legislature by using the words 'hardened, desperate or dangerous criminal The offence alleged to have been committed by the applicants and in the manner as it is described by the trial Court indeed falls within the description of the words described by their lordships in the above judgment. For these reasons we find no merit in these bail applications and are dismissed. H. B. T./S-114/K Appeal dismissed