BASHIR AHMAD Versus STATE
ORDER
Petitioners feeling aggrieved by the recalling of bail granting order, dated 25-9-1991 by the learned succeeding Additional Sessions Judge, Nankana Sahib, District Sheikhupura vide the impugned order, dated 12-1-1993 in the case registered vide F.I.R. No.104 of 3-6-1991 under section 302/323/147/148, P.P.C. at Police Station City Nankana Sahib alleging murder of complainant's brother Muhammad Aslam around. 12 o'clock by the petitioners the former two and the latter three brothers inter se and first cousins in the former's place of abode administering stick blows with Bashir Ahmad petitioner pioneering the assault inflicted head injury supplemented by multiple injuries on various parts of his anatomy by the remaining petitioners suspecting illict liaison of the deceased with Bashir's young unmarried sister Mst. Slaeema Bibi, have presently reiterated the request.
2. Contending concoction of the case subsequent to the lodging of F.I.R. No.103 of 2-6-1991 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 452, P.P.C. at the same police station reporting raping of their sister Mst. Saleema Bibi by the deceased trespassing into her house around noon time at which juncture he was belaboured by Bashir Ahmad and Muhammad Hussain under grave and sudden provocation attracted by her hue and cry to which the deceased eventually succumbed, therefore, the maximum sentence under the offence charged would not be attracted, resultantly are entitled to be sought for concession in terms of the Supreme Court's dictum pronounced in- State v. Muhammad Hanif and 5 others 1992 S C M R 2047. the privilege of bail having been conferred is not amenable to recall merely, for entertainment of a different view save for patent illegality or established tampering with the evidence which is lacking in the instant case, and, -the medical evidence contradicting the complainant in terms of multitude of injuries is in consonance with the recorded prosecutrix statement in the rape case lodged prior in point of time, with the submission of challan are no more required b5 the investigating agency and the privilege of bail shouldn't be withheld as a punishment. Factum whereof was affirmed by the learned counsel appearing on behalf of the State while the learned counsel for the complainant joined issue therewith reiterating the prosecution story.
3. Prima facie the admitted venue of occurrence and prior reporting of the rape case by Mst. Saleema Bibi corroborated by the medical evidence constitutes sufficient grounds for further enquiring into petitioners' involvement in the offence charged thus are allowed bail upon furnishing bonds in the sum of Rs.50,000 each with two sureties each in the like amount to the l A satisfaction of the trial Court.
N.H.Q./B-132/L Bail allowed.