MUHAMMAD ALI Versus THE STATE
Muhammad Ali and Insar Hussain petitioners who are facing inquiry for offences under sections 148, 302, 30/, 3o4 and 451 read with section 149 of the Pakistan Penal Code have filed Criminal Misc. No. 31 5 1‑B of 1975 and Cr. Misc. No. 3074‑B of 1975 respectively for their bail. Both the petitions shall be disposed of by this order.
2. The case of the prosecution is that Mst. Rehana Kausar, daughter of Mumtaz Ali complainant, was married to Muhammad Ali petitioner. He treated her with cruelty and she cams to the house of her father about 13 months before the occurrence, On 8‑4‑73 at 7‑00 p.m. the petitioners along with others carne armed to the house of the complainant. Muhammad Ali petitioner entered the house aloe with 3 others while two stood guard outside the house. Those who entered the house were armed with daggers. Muhammad Ali petitioner exhorted his co‑accused to forcibly take away Mst. Rehana Kausar. On hearing this Mst. Rehana Kausar entered into the room to save herself. Mst. Anwar Jabeen deceased, wife of the complainant, asked Muhammad Ali petitioner to behave properly, whereupon he inflicted a dagger blow on her abdomen. He gave more blows to her which she warded off on her hands. Muhammad Ali petitioner and his co‑accused broke open the door of the room in which Mst. Rehana Kausar had concealed herself and dragged her out of the room. The complainant tried to rescue her, whereupon Muhammad Ali petitioner gave a dagger blow on his abdomen. lie inflicted another blow on his chest. In the meantime, Tahir Javaid, sort of the complainant went on the roof of the house anti raised alarm attracting the neighbours. The co‑accused of the petitioner, who were armed with fire‑arms fired their weapons in the air and took Mst. Rehana Kausar and her daughter asst. Poonam alongwith there in taxi-car. Later on, Mst. Anwar Jabeen succumbed to her injuries in the Hospital. Learned course) for Ansar petitioner contended that the petitioner is not named in the F. I. R. He further stated that the challan was submitted on 30‑7‑1973 and out of 25 witnesses only seven have been, examined so far and because of inordinate delay in the commitment proceedings the petitioner is entitled to bail. Learned counsel to, Muhammad Ali petitioner argued that it is a case of further inquiry because the statement of Mst. Rehana Kausar in the Committing Court clearly shows that she was not abducted by any body in order that she may be killed. He further argued that since Mst. Rehana Kausar had left the house against the wishes of her father and brother and with the blessing of her deceased mother, therefore, it appears that Mumtaz Ali had implicated the petitions, just to save the skin of his own son.
3. Ansar petitioner was correctly identified by the complainant in the identification parade. An earlier petition for bail (Cr. Misc. No. 4693/B of 1974) made by him was dismissed on merits by Mr. Justice Ataullah Sajjad on 30‑1‑1975 with a direction to the committing Magistrate to complete the inquiry within a period of four months. After that, a co‑accused of the petitioners, namely, Nazir who was admitted to bail by this Court, absconded before the period of four months had run out and he has not been arrested so far. The delay which occurred after 30‑1‑75 is not entirely attributable to the prosecution. I, therefore, do not find any ground to enlarge Ansar petitioner on bail and his petition is dismissed.
4. The contention raised by the learned counsel for Muhammad Ali petitioner requires an appraisal of evidence which is not the function of this Court at bail stage. This petitioner is named in the F. I. R. and all the eye witnesses except Mst. Rehana Kausar have fully implicated him. In view of the enormity of the caime and the part attributed to this petitioner, I am not inclined to admit him to bail and his petition is also dismissed.
The learned Enquiry Magistrate is, however, directed to expedite the proceedings by avoiding unnecessary adjournments and complete the enquiry as early as possible.
Petition dismissed.