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Criminal Bail Application No. 818 of 1985, decided on 23rd July, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Bail, grant of‑‑Applicant seen, bringing deceased girl to his flat by four independent persons of locality‑‑Deceased found dumped in a box, with marks of contusion and abrasion on her person‑‑Semen also detected on Shalwar of applicant thereby corroborating circumstances that he attempted to commit Zina with deceased girl but could not succeed, due to intervention of Mohallahdars‑‑Bail refused, in circumstances.

Sabir Ansari for Applicant.

Abdul Ghafoor Manghi, A.A.‑G. for the State.

Date of hearing: 23rd July, 1985.

Applicant, Muhammad Iqbal, alias Saleem, is being tried for the offences under section 302, P.P.C. and 11, Zina Ordinance.

Prosecution story in brief is that complainant, Dada Mian, is working as Commission Agent. On 8‑4‑1985 in the morning he left for work and came back at 7‑00 p. m. when his wife informed him that their daughter had gone to the house of Muhammad Iqbal alias Saleem but afterwards Iqbal told him that Mst. Samina is not in his house but she will come back after some time. Mst. Samina used to go to the house of applicant for reciting Holy Quran. Dada Mian again left his house for some work and while returning at 10‑00 p.m. he came to know that his daughter is lying dead in Flat No. 10, 2nd Floor, Bagesra Square. He immediately rushed to the flat where he met Muhammad Rafique, Muhammad Sikandar, Muhammad Munir and Amanullah, all residents of that locality who informed him that Muhammad Iqbal alias Saleem brought Mst. Samina at 4‑30 p.m. to the flat and after murdering her he absconded. Dada Mian went and lodged report at Police Station Kharadar, Karachi on 9‑4‑1985 at 2‑30 a.m.

Police during investigation recovered the dead body of Mst. Samina from the flat as mentioned above and it transpired that on 8‑4‑1985 applicant brought Mst. Samina to a flat which was noticed by Mohallah people; they forced him to open the door but no girl was found in the flat, thereafter applicant locked the door of flat and went away. After that mother of the accused came to know that applicant had put Mst. Samina in a box. The father of applicant and others went there and found Mst. Samina dead.

Mr. Sabir Ansari, learned counsel appearing for applicant, contended that there is no eye‑witness of this incident and chemical examiner's report about Zina is in negative. He argues that Mst. Samina according to 164, Cr. P. C. statement the father was heart patient. His contention is that applicant has been involved under suspicions therefore he is entitled for bail. He has cited P L D 1972 S C 277 and 1985 SCMR 979.

Mr. Abdul Ghafoor Manghi, learned A.‑A.G. has opposed the bail and submitted that this is sufficient circumstantial evidence against the applicant that as far as door of flat was knocked he put Mst. Samina in a cabinet near bed thereafter locked the door and went away knowingly that his act will cause death of a girl.

I have gone through the record. The Mohallah people came to know that applicant has brought the girl in flat. They knocked the door but applicant refused to open it and finally Mst. Zahra mother of applicant came and at her intervention he opened the door. The applicant locked the door and went away. On this four independent person namely, Muhammad Rafique, Muhammad Sikandar, Muhammad Munir and Amanullah were examined and they supported the case. Afterwards Mst. Zahra mother of the accused informed her husband Abdul Sattar that she has been told by her son Altaf that applicant had put Mst. Samina inside a cabinet. Abdul Sattar father of applicant in his statement stated that on knowing about facts from his wife he went and found Mst. Samina lying dead in a box. The flat is property of another Iqbal who is out of country and keys were with applicant. On perusal of post‑mortem report of Mst. Samina as many as six injuries abrasions and contusions were found. The Chemical Examiner's report shows that semen was detected on Shalwar of applicant which corroborates the circumstances that applicant attempted to commit Zina but due to intervention of Mohallah people he could not succeed. At this stage there is evidence of independent persons and father and mother of accused. Furthermore that Mst. Samina used to go for reciting Holy Quran in this Madressa of which applicant is Secretary and the deceased was known to him. There is a strong circumstantial evidence against the applicant and prima facie case under section 302, P.P.C. is made out and there are no reasonable grounds to believe that he is not guilty. The case is not fit for bail. Application is dismissed.

S. G. D Application dismissed

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