1994 PLP 2032 (MLD)

Mst. Shamim Bibi deceased was the wife of Munir Ahmad. Munk Ahmad was previously married to Manzooran Bibi, the maternal-aunt of the petitioner. Two sisters of Munir Ahmad in exchange were married to Hamza co-accused and Aslam, the brothers of Mst. Manzooran.

2. The occurrence took place at 6-00 p.m. on 18-2-1992 at the house of the deceased and was reported to the police at 9-45 p.m. by Muhammad Hat complainant, the uncle of the deceased. According to his version the deceased was married (as second wife) to Munir Ahmad 6/7 years back and Mst. Manzooran left the house of her husband 15/16 years before the occurrence resulting in the simultaneous withdrawal from the house of their husbands by the sisters of Munir Ahmad. Taking this as a grudge the petitioner armed with a Carbine, cousins Rang Ellahi and Wakeel co-accused and maternal-uncle Hamza armed with Sotas, assaulted and the effective and the only shot was fired by the respondent hitting the deceased in the car.

3. The police declared Rang Ellahi and Hamza as innocent while Wakeel Was granted bail.

4. Tariq respondent was granted bail by Mr. Muhammad Akmal Qureshi, Additional Sessions Judge, Nankana a few days before his transfer order, as stated at the Bar, only on the affidavit of Muhammad Malik, brother of the deceased and an eye-witness as per the F.I.R.

5. Learned counsel for the petitioner has correctly contended that the discretion was prima facie misused by the learned Additional Sessions Judge inasmuch as three eye-witnesses namely Muhammad Hanif, his wife Mst. Hafeezan and Muhammad Malik were cited as eye-witnesses and the affidavit of Malik was only to the extent that he had not seen the occurrence with the result that still two eye-witnesses were left in the field.

6. Learned counsel for the respondent contended that Mst. Shamim had been taken away in a love affair and the complainant family themselves might have finished her. Case diaries have been looked into. No such plea was ever raised during investigation and rather in the affidavits of so many witnesses produced in defence of Rang Ellahi and Hamza clearly mentioned that on the firing and the alarm they reached and learnt that the respondent and Hamza co-accused had committed the murder.

7. The discretion having been misused by the learned Additional Sessions Judge, the petition is accepted and bail granted to the respondent is hereby cancelled. He would be taken into custody and sent to judicial lock-up.

8. A copy of the order be placed before my learned brother Incharge of the district where Mr. Muhammad Alimai Qureshi, Additional Sessions Judge is posted to have look into the conduct of the judicial officer. N.H.Q./M-1684/L?????????????????????????????????????????????????????????????????????????????? Bail cancelled.