MUHAMMAD SHARIF Versus STATE

1. ANWARUL HAQ, C.J .--The two petitioners seek leave to appeal against an order of the Lahore High Court dated the 6th of June 1977 by which their application for grant of bail has been refused.

2. According to the prosecution, the two petitioners were members of an unlawful assembly, alongwith six others, which forcibly abducted the deceased Nawab Ali and his adopted daughter Khurshid Bibi for the reason that although Khurshid Bibi had been married off by her real father Abdul Aziz to one Yousaf, yet the adoptive father Nawab Ali was not permitting her to go and live with her husband. A first information report was made regarding the abduction on 8-10-1975 at 4 p.m., alleging that Nawab Ali and Mst. Khurshid Bibi were being forcibly taken to the village of Abdul Aziz. When the police reached the village of Abdul Aziz, they found Nawab Ali and Khurshid Bibi lying murdered in his Dera. All the eight accused persons were apprehended at the spot. On the basis of these allegations, the High Court has found that prima facie there are reasonable grounds to believe that petitioners are guilty of an offence punishable with death or imprisonment for life.

3. It is submitted by Mr. Awan that the two petitioners were empty-handed at the time they visited the house of the deceased Nawab as members of a Panchayat which had gone there to persuade him to send Mst. Khurshid Bibi with her husband, and that there is no allegation that they had caused any injury to either of the two murdered persons. He next submits that four prosecution witnesses, namely, Muhammad Bibi, Muhammad Sadiq, Zulfiqar Ali and Ghulam Mustafa have sworn affidavits to the effect that no such incident, as alleged by the prosecution, ever took place. Finally, he contends that although two years have elapsed since the case was registered, the trial -has not yet commenced.

4. From the facts as alleged by the prosecution it is clear that the two petitioners were not only present at the house of Nawab Ali from where the two deceased persons were forcibly abducted, but they were also apprehended from the Dera of Abdul Aziz where the dead bodies were found. They are closely related to Yousaf, the man to whom Mst. Khurshid had been married off by the real father Abdul Aziz apparently against the wishes of her adoptive father Nawab Ali. In the face of these allegations, the affidavits obtained by the petitioners cannot be allowed to prevail at this stage. The evidence; of these prosecution witnesses will have to be assessed at the proper, time by trial Court. Prima facie they appear to be involved in the offences of abduction and murder, and, therefore, the High Court was right in observing that their case fell under subsection (1) of, section 497 of the Cr.P.C. As to the delay in the commencement of the trial, in the present state of affairs, it cannot be regarded as being inordinate or unconscionable. However, the petitioners may renew their application for bail before the appropriate Court if the commencement of the trial is inordinately delayed.

5. As a result, the petition fails and is hereby dismissed.

6. S.Q. /M-331/S Petition dismissed.