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Criminal Miscellaneous No. 4956/B of 1977, decided on 11th February 1978.
---S. 498--Petitioner, accused of murdering his own wife and his cousin suspecting them to have illicit relations-Petitioner allowed bail, in circumstance.
M. G. Cheema for Petitioner.
Saleem Akhtar for the State.
This is an application for bail by the petitioner who is being prosecuted for an offence under section 302, P. P. C. for causing the murder of his wife Mst. Sarwar Mai and his cousin Noor Muhammad. His bail was rejected by the learned Sessions Judge, Muzaffargarh vide his order dated 25-10-1977.
2. According to the F. I. R. lodged on 23-5-1977 with Police Station Mahmoodkot (Muzaffargarh) at the instance of Mureed Hussain brother of Mst. Sarwar Mai deceased, it is alleged that the same morning the petitioners killed Mst. Sarwari Mai and Noor Muhammad in an inhabited Bhana (kotha) situated at a distance of about two acres from their place of residence. The motive for the offence is alleged to be that the petitioner had given in marriage his daughter to Ghulam Habib brother of Noor Muhammad deceased to which Mst. Sarwar Mai objected and had insisted that the girl should be married with Noor Muhammad. Another motive given was that Ghulam Hussain suspected illicit rela tions between his wife Mst. Sarwar Mai and Noor Muhammad both deceased.
3. It is suggested by the learned counsel for the petitioner that the two deceased were found in a compromising position whereupon the petitioner lost his self-control and killed both the delinquents at the spot and as such the offence falls under section 304, P. P. C. and not under section 302, P. P. C. Even otherwise according to the report under section 173, Cr. P. C. submitted in Court one of the motives for the crime was stated to be that the petitioner suspected illicit relations between the two deceased.
4. After hearing the learned counsel for the parties and considering the facts and circumstances of the case but without expressing any opinion on merit, I consider it a fit case for the grant of bail. Accordingly, I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.25,000 (Rupees Twenty-Five Thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Muzaffargarh. This will not preclude the trial Court to re-consider the matter of bail at a later appropriate stage.
Ball granted.
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