ALTAF HUSSAIN Versus STATE
ORDER
According to the F.I.R which has been registered at the instance of one Abdul Rasheed who is not related to either party and who has a shop in front of the shop which is the place of occurrence, Rafiq and Rasheed deceased, who were tailors had developed immoral relationship with Mst. Asma and Mst. Nazia deceased and on account of the matter having leaked out they had been expelled from the shop which they had earlier rented and which was in front of the house of Mst. Asma deceased. It was further alleged through the F.I.R that Rafiq and Rasheed deceased returned after S/6 months and took the shop of Rafiq Dogar on rent and again started the work of stitching clothes in the said shop. It had been added by the complainant that on the night between 19/20 of December, 1993, he heard alarm at about 2-00 a.m. and after reaching the abovementioned shop of Rafiq Dogar alongwith Nazir and Rafiq Dogar they found Altaf petitioner present there armed with a rifle who was accompanied by Mushtaq and Mukhtar, out of whom Mushtaq is the father of Mgt. Asma deceased and Mukhtar is his maternal uncle. Abdul Rasheed complainant had further reported that the shutter of the shop of Rafiq and Rasheed deceased stood pulled down and locked which lock was broken by Altaf petitioner after firing a shot on the same and on pulling up the shutter the four deceased persons were found in objectionable condition in the shop in question at which Altaf petitioner fired shots killing all the four namely Rafiq; Rasheed, Mst. Asma and Mst. Nazia. The complainant had also divulged that Mst. Asma deceased was the daughter of Mushtaq while Mst. Nazia was the daughter of Abdul Razzaq who were real brothers inter se and Altaf petitioner was their third brother.
2. Mushtaq and Mst. Parveen, the father and mother respectively of Mst. Asma deceased and Abdul Razaq and. Mst. Anwar Bibi, the father and the mother respectively of Mst. Nazia deceased are present in person. They have stated before me that they had granted Afw to Altaf petitioner in respect of the murders of their respective daughters and that they did not wish to prosecute Altaf petitioner for the same. The affidavits of these four persons have been placed on record.
3. The learned counsel for the petitioner canvasses bail for him on the ground that Altaf petitioner who is the real paternal uncle of Mst. Asma and Nazia who were his too young unmarried nieces, had acted under Ghairat after he had found his two said nieces in an objectionable condition with Rafiq and Rasheed deceased at about 2-00 a.m. i.e. at the dead of the night in the shop of Rafiq and Rasheed deceased the shutter of which stood pulled down and closed, and relies upon Muhammad Siddique's case (PLD 1994 Lahore 129) for the purpose
4. Fazal Hussain, the father of Rafiq deceased and Mst., Said Bibi, the mother of Rasheed deceased are present with Ch. Nusrat Javaid Bajwa, Advocate, and oppose the bail plea on the ground that Altaf petitioner had committed the murders in question in cold blood. Mr. Bajwa, Advocate has placed on record a copy of the complaint filed by Mst. Said Bibi in respect of the murders in question through which it had been claimed that Altaf petitioner and others had killed Rafiq and Rasheed deceased in the shop in question and it was to cover up their guilt that the said killers had brought Mst. Nazia and Mst. Asma from their house and had also done them to death in the shop of Rafiq and Rasheed deceased to create a justification for the murders of Rasheed and Rafiq. The said complaint as also the learned counsel appearing in support of the same have not disputed the place and the time of the occurrence as alleged through the F.I.R. No explanation could be offered as to why Altaf petitioner and others should have killed Rafiq and Rasheed because the complaint is silent about the motive for this alleged brutal murders. It is also not easily digestible that the parents of Mst. Asma and Mst. Nazia deceased would allow Altaf petitioner and others to take away and to kill their young daughters only to enable their brother to create a defence for his alleged act of killing Rafiq and Rasheed deceased.
5. The complaint, therefore, does not appear to improve the case again Altaf petitioner beyond whatever stands alleged through the abovementioned F.I.R. registered in respect of the occurrence. The parents of Mst. Asma an Ii Mst. Nazia deceased have given pardon to Altaf petitioner. Altaf petitioner / having acted under Ghairat, stands spelt out from a bare perusal of the F.I.R. and the complaint abovementioned has not been able to dislodge the impression created by the facts mentioned in the F.I.R.
6. This being so, without making any comments or observations about the merits of this case, I find that Altaf petitioner has made out a case for his E admission to bail and he is consequently released on bail in case F.I.R. No.' 462/1993 of Police Station Naushehra Virkan, District Gujranwala, subject to his furnishing security in the sum of Rs.30,000 with two suerties each in the like amount to the satisfaction of A. C. /Duty Magistrate, Gujranwala.
7. Before parting with the order I must clarify that nothing stated in this order 'should be taken as a final determination of facts alleged by the parties and the same should not prejudice any proceedings which have yet to follow.
N.H.Q./A-686/L ????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.