1982 P Cr (PLP)

Altaf Hussain petitioner has moved this petition for bail in case registered against him and his brothers Ashiq Hussain and Zafarullah Khan under section 364, P.P.C. Subsequently section 302/34, P.P.C. was also added.

2. The case was registered on 17th November, 1986 on the report of Mst. Naziran, wife of the petitioner, wherein she alleged that the petitioner and his brothers were suspecting illicit relations between her daughter Mst. Robina Kausar and her nephew (brother's son) Ehsan Ullah. On the night between 1st and 2nd November, 1986 she alongwith her children was sleeping in the Verandah of her house while her husband Altaf Hussian petitioner was sleeping in the room. During the night he called her and told her that he was not feeling well and asked her to sleep in the room upon which she came inside, leaving the children in the Verandah. At about 11/12 midnight Ashiq Hussain and Zafarullah Khan brothers of the petitioner, entered the house. They lifted Mst. Robina Kausar and asked her to accompany them but she declined. In the meantime, the petitioner also joined them and all the three forcibly took her away. She tried to intervene, upon which the petitioner threatened her with dire consequences and she kept quiet. A short while after, Altaf Hussain petitioner returned home. She enquired about Mst. Robina Kausar but he did not give any satisfactory reply. She expressed apprehension that the petitioner and his brothers might have murdered Mst. Robina Kausar. During the investigation co‑accused Zafarullah Khan made a disclosure that he could lead to the recovery of the dead body and consequently he led the police to the Dera of the petitioner and got recovered dead body from Killa No.14 of Square No.32 situate at a distance of one hundred Karams from the said Dera. He also led to the recovery of a Kassi.

3. Learned counsel for the petitioner contends that besides evidence of last seen and a joint extra judicial confession allegedly made by the petitioner and Zafarullah Khan, there is nothing on record against the petitioner, therefore, a case for the grant of bail is made out. Learned State counsel concedes that except last seen evidence there is no other material against the petitioner but he contends that the evidence of last seen is coming from an unimpeachable source and is per se sufficient to connect the petitioner with the offence with which he has been charged.

4. I have considered the submissions made by the learned counsel for the parties. It is true that except evidence of last seen and joint extra judicial confession, there is no other material against the petitioner. However, in the present case the evidence of last seen and attending circumstances prima facie connect the petitioner with the offence with which he has been charged. The F.I.R. was lodged by the wife of the petitioner who was living with him at the relevant time. The petitioner joined his brothers when they forcibly took away Mst. Robina Kausar. After some time he returned and could not give any' satisfactory reply when his wife inquired about Mst. Robina Kausar. After that Mst. Robina Kausar was not found alive and ultimately her dead body was recovered from a field near the Dera of the petitioner. In the circumstances no ground for the grant of bail is made out and this petition is dismissed. S.A./A‑732/L?????????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.