SYED MUHAMMAD ALI Versus THE STATE

ORDER

1. The applicant seeks bail in Sessions Case No.698 of 1991 pending in Court of III Additional Sessions Judge, Karachi East. Said case is outcome of F.I.R. No.70 of 1991 of Police Station Malir Extension. The case relates to murder of Haider Ali on 11-6-1991 at 9-30. Applicant Muhammad Ali is said to be son-in-law of deceased Haider Ali, whose daughter has filed the suit for dissolution of marriage against the applicant.

2. It has been argued on behalf of the applicant that the incident took place at the main road near Ramzan Pan House of Jafartayyar Society, Malir Extension, but not a single independent witness was examined and that there was delay in lodging of the F.I.R. for 4/5 hours and that dead body of Haider Ali was not subjected to autopsy. It has also been argued that there was no recovery from the Wardat and that prosecution had examined in the trial Court five witnesses out of whom four were related to the deceased.

3. Mr. Syed Amjid Ali, Shaft learned A.A.-G. argued that there were three eye-witnesses against the applicant viz. Zahra Bai, Habiba and Iram. It has also been argued that motive for the offence was filing of suit for dissolution of marriage against the applicant by daughter of the deceased and that police had recorded 164, Cr.P.C. statements of complainant Munawar Ali, Mst. Habiba and Mst. Zahra Bai. Learned A.A.-G. stated at the Bar that material prosecution evidence has been recorded and only Investigating Officer and some formal witnesses remained to be examined.

4. Since main evidence in the case has already been recorded, there is no chance of tampering of the evidence, which is yet to be recorded. The only A apprehension of learned A.A.-G. is that applicant may abscond after he is granted bail and for that heavy surety be ordered.

5. Consequently this application for bail is accepted and applicant Muhammad Ali be released on bail if he furnishes two sureties each in the sum of Rs.1,00,000 and executes P.R. Bond in the like amount to the satisfaction of Nazir of this Court. The Nazir is required to be very careful in accepting the surety and see that genuine documents about some immovable property situated at Karachi are produced. Present bail application stands disposed of accordingly.

6. H.B.T./M-2118/K Bail granted.