' The petitioners have sought their post-arrest bail in case F.I.R. No,194 registered at Police Station, Bhong, District Rahim Yar Khan on 9-10-2002 for an offence under sections 302/148/149/109/ 449, P.P.C.
2. The facts as given in the F.I.R. Are that the complainant lived in Mauza Bakhshabad alongwith his brothers Muhammad Bakhsh, Khameesa and Haji Mughal The brothers lived in different rooms in the same Ahata. Two other brothers namely Allah Dewaya and Akbar also lived near the house of the complainant. On the fateful night at about 9-00 a.m. Haji Mughal brother of the complainant had left to irrigate his land while Khameesa went and slept in his room. The complainant alongwith his brother Muhammad Bakhsh and children slept in the compound of their house. Mst. Waziran wife of Haji Mughal also slept in the compound of the house. At about 12-15 during night armed persons scaled over the wall and trespassed into the compound of the house. The complainant and his brother Muhammad Bakhsh awoke up. Allah Dewaya and Bashir Ahmad also awoke up. In the torch-light the complainant and P.Ws. Saw that Mahniwal, Gulzar, Sardar sons of Haji Lal Khan, Dost Muhammad, Bagoo, Aziz, Shafiq and Rafiq all armed with fire-arms alongwith four other persons who were armed with Kalashnikov and could not be identified had trespassed into the house of the complainant. Muhammad Shafiq overpowered the complainant while Aziz accused overpowered Muhammad Bakhsh brother of the complainant. Muhammad Rafiq and Gulzar with their weapons fired at Mst. Waziran. Mahniwal, Dost Muhammad and Bagoo accused searched for Haji Mughal brother of the complainant and went inside the room where Khameesa was sleeping.
The accused dragged Khameesa from the cot and thereafter Mahniwal with his Kalashnikov and other accused with their respective weapons fired at Khameesa. According to F.I.R. The accused who could not be identified kept on firing aimlessly. It is further stated in the F.I.R. That the accused left the scene of occurrence issuing threats that they would also murder Haji Mughal whenever they got a chance. Khameesa and Mst. Waziran lost their lives at the spot.
3. The motive as set down in the F.I.R. Was that Mst. Waziran deceased after the death of her first husband contracted court-marriage with Haji Mughal brother of the complainant as well as Khameesa deceased and for that reason the accused with their common object while armed with fire-arms committed the murders of Mst. Waziran and Khameesa.
4. The learned counsel for the petitioners had argued that the contents of the F.I.R. Were found to be incorrect during investigation, as according to police investigation, Dost Muhammad co- accused who had allegedly fired at Khameesa deceased was not present at the scene of occurrence and according to the police investigation his role was that of abettor alone and that three of the co-accused namely Aziz, Gulzar and Rafiq who were nominated in the F.I.R. Were declared to be innocent by the police. He has lastly argued that the role of Shafiq petitioner was that of grabbing the complainant only and he had not caused any injury to the deceased. It is added that after the registration of F.I.R. The complainant got recorded his supplementary statement wherein he roped in few more accused and the benefit of contradiction in the supplementary statement of the complainant and that of F.I.R. Should be given to the accused.
Conversely, the learned counsel for the complainant as well as the learned counsel for the State have opposed this application and have argued that the petitioners have been duly named in the F.I.R.: that they have actively participated in the occurrence; that after successive investigation challan/report under section 173. Cr.P.C. Has been submitted before the Court wherein the petitioners have been named as accused and that the offences attract prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the parties and have also gone through the record of the case. It has been noticed that the matter has been reported to the police within 2-1/2 hours; the petitioners who were armed with deadly weapons trespassed into the house of the complainant during mid of the night and thereafter caused the murders of two inmates of the house. The petitioners cannot take any benefit out of the fact that one of the assailants namely Dost Muhammad had not participated during the occurrence according to the police investigation.
After their arrest the petitioners have led to the recovery of different fire-arm weapons, during the investigation of the case. No deeper appreciation or analysis can be made at bail stage, specially, when all the petitioners while armed with deadly A weapons had trespassed into the house of the complainant, as noted above. The learned counsel for the petitioners has laid much stress on the fact that Muhammad Shafiq petitioner had not caused any injury to the deceased or any of the P.Ws. Though he was armed with a fire-arm. I have considered argument of the learned counsel for the petitioners. In the circumstances of the case Muhammad Shafiq petitioner had accompanied the other accused and had trespassed into the house of the complainant which by itself attracts, prima facie, the provisions of section 458, P.P.C. Therefore, no benefit can be given to him at this stage. Reasonable grounds exist to connect the petitioners with an offence punishable with death or imprisonment of life. Therefore, I do not find any merit in this petition and the same is dismissed.
6. As, admittedly, the challan has been submitted before the trial Court and the petitioners are behind the bars for almost a year the trial Court is directed to conclude the trial within four months of the receipt of this order, if possible. The learned trial Court would hear the case on day to day basis, if need be and would adopt coercive measures, if necessary, to ensure the attendance of the prosecution witnesses.
7. The observations made in this order are tentative in nature and would not prejudice the mind of the learned trial Court. A copy of this order would be sent to the trial Court forthwith.