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Criminal Bail Application No. 437 of 1984, decided on 23rd May, 1984.

---S.498--Penal Code (XLV of 1860), S.302--Bail before arrest--Applicant named in F.I. R. and use of fire-arm ass9ned to him--Bail refused in circumstances.

Azizullah K. Sheikh for Appellant.

A. Sattar Sheikh, Addl. A.-G. for the State.

Date of hearing: 23rd May, 1984.

This application is made by one Dil Murad for grant of bail before arrest in a case of murder. I have heard Mr. Azizullah K.Sheikh and Mr. Abdul Sattar Sheikh Additional Advocates General.

A report was lodged on 24-4-1984 at five minutes past mid-night at Bagarji Police Station of Shikarpura District. The allegation is of r murder of one Allah Ditto. The case has not yet proceeded, and even the accused has not been arrested.

The F. I. R. discloses that there was matrimonial dispute between the complainant party on one hand and Bahadur on the other hand. On account of this dispute over matrimonial affairs there was a case also and the married woman had gone away to her parents. In regard to the incident the complainant stated that his father viz. the deceased was sleeping in front of the house to keep watch on cattle where an electric light was also on. Reports of firing were heard which attracted complainant Muhammad Ayub and his brothers Abdul Majid and Allah Rakhio. The' complainant and the witnesses saw the applicant with, a pistol, Bahadur with a gun, Raza Muhammad and Fakir Muhammad with hatchet. It is stated in the report that in their presence applicant Dil Murad used the fire-arm. It is also stated that the remaining accused used the other weapons. The deceased was found to be having hatchet and fire-arm injuries.

The learned Advocate has mainly contended that the applicant had no motive and the medical evidence does not corroborate the----------incident given in the first information Report Mr. Abdul Sattar Sheikh has placed before me the medical certificate which shows that the deceased had four injuries. Two out these incised wounds and the remaining two were circular lacerated wounds. These two C.L. wounds are caused by fire-arm. Significantly one of the C.L. wounds has a diameter of 21 c.m. while the other had a diameter of 1 c.m. One bullet had been extracted from the smaller C.L. wound. Prima facie these circumstances indicate use of two different fire-arms. One out of these may be a pistol. It is also common knowledge that very often .12 bore cartridges are also fired from pistol. Be that as it may I would not like to enter deeper into this aspect of the case but the injuries may well-establish that two different fire-arms have been used. Coming to the point of motive all that needs to be said is that this is a very premature stage and I would not like to enter into that question.

Since the applicant is named in F.I.R. and a part has been assigned to him I am not inclined to grant bail in this case. It shall however, be open to the trial Court to consider the question of bail after some evidence is recorded and if an application is moved.

M.A. K. /D-9/K Petition dismissed.

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