1. ' It is contended by the learned counsel for the petitioners that the complainant is a big landlord of the area; that the case was registered two months after the occurrence; that the petitioners have falsely been involved in this case and that, during investigation, it came to light that the complainant has himself done the deceased to death in the name of "family honour". Learned counsel for the petitioners submits that two versions have come on record i.e. One put forward by Nishan Ahmad complainant and the other by Mst. Kausar Bibi, the real mother of deceased Kiran and ex-wife of the complainant. He further submits that the case of the petitioners, being one of further inquiry, their interim pre-arrest bail already granted by this Court may be confirmed.
2. ' On the other hand, learned counsel for the State assisted by complainant's learned counsel submits that during investigation it has come on record that the deceased was done to death by the present petitioners along with Nishan Ahmad complainant of the F.I.R. They further submit that there is an evidence of Wajtakkar and Extra Judicial Confession on record and the opinion of the Investigating Officer about the involvement of the present petitioners in the case in hand.
3. ' I have heard learned counsel for the parties and think it necessary to write down important facts of the case for its just decision. Complainant Nishan Ahmad had two wives. From the wedlock of Mst. Kausar he has four sons and three daughters including Mst. Kiran deceased. According to the F.I.R., Kiran developed illicit liaison with one Chand son of Muhammad Ilyas. This relationship was known to everybody in the village through Qalab Hussain, Faisal Hussain son of Faqir Hussain who are maternal nephews of Nishan Ahmad complainant. Two months prior to the registration of the F.I.R. When the complainant Nishan Ahmad had gone to his second wife Mst. Musarrat Bibi, Kiran left her house on the pretext that she was going to meet her maternal aunt Mst. Shafqat Bibi. She did not return home. Nishan complainant called Qalab Hussain, Faisal Hussain and Muhammad Ilyas Arain and. Asked them about his daughter Kiran. Muhammad Ilyas told that Kiran had visited his house last evening when Qalab, Faisal son of Faqir Hussain, Muhammad Azam, Atique Azam sons of Sardar Muhammad accompanied him to his house and brought her back. The above persons, including Muhammad Tanvir son of Muhammad Tufail, Mumtaz Mehmood alias Moon Khan, Anjum Saeed sons of Taj Muhammad, Jafar Hussain son of Muhammad Iqbal, Izhar Hussain son of Irshad Ahmad Khan, who are closely related to the complainant, decided in the Punchayat, in the presence of Nishan Ahmad complainant, that since the act of Mst. Kiran had brought a bad name to the family, by living in the house of Muhammad Ilyas Arain and they were never in the position to show their faces in the village, so she should be finished. According to the complainant Nishan Ahmad, along with his son, requested them not to do this. Thereafter, all the above said accused persons, started giving beating to the said Kiran who became unconscious. Thereafter all the said accused persons forcibly turned out the complainant and his son Manan from the house.
4. According to the complainant, Mst. Kiran was taken to the house of Mumtaz Mehmood alias Moon Khan by the said accused persons where she was given further torture. In the evening at 9-10 p.m.
5. When the complainant was present in his house, two cars came there. Qalab Hussain and Mumtaz Hussain called the complainant and forcibly made him to sit in the car. One car was being driven by Mumtaz Mehmood Khan and the other by Adalat son of Sher Muhammad Ansari. Both the cars were taken to Q.B. Link Canal within the area of Rashidkey. All accused persons, who were armed with weapons, came out of the cars. According to the complainant, from the car of Adalat, dead body of Mst. Kiran was brought out who had already died and her legs and arms were already tied.
6. Complainant stated that he raised hue and cry whereupon the above accused persons gave him Butt blows and threatened him of throwing in the canal and that, in his presence, Attique and Faisal had thrown the dead body of Mst. Kiran in the canal.
7. ' Muhammad Akram S.I./Investigating Officer of this case is present along with record. Submits that, according to his investigation, Qalab Hussain (petitioner), Anjam Saeed (not petitioner), Tanvir Ahmad (petitioner), Jafar Hussain (petitioner), Attique Azam (petitioner), Izhar Hussain (petitioner), Muhammad Azam (petitioner), and Faisal (petitioner), were found guilty in the instant case. He further submits that Nishan Ahmad complainant is also equally liable for the murder of Kiran deceased along with the present petitioners. According to him, Adalat Ali and Mumtaz Moon are innocent in this case. On my query if Nishan Ahmad complainant was also equally liable for the murder of Kiran deceased along with the present petitioners then why he has not arrested him, the Investigating Officer submits that since there was an order of his production before this Court today, therefore, he has not arrested him.
8. This is a case under sections 302/201/148/149, P.P.C. In which an innocent girl has been murdered on the pretext of "family honour". Unfortunately, such-like cases are taking places in different parts of the country. The petitioners, who were on bail before arrest from the Court of learned Additional Sessions Judge Sheikhupura had not appeared before the said Court on the day of confirmation.
9. The learned Additional Sessions Judge had decided the application on merits, cancelled their bail bonds and issued notice to the sureties. Azam, Izhar and Fazal are accused of abetment while the allegation against the other accused persons is that they not only gave beating to the deceased but had also thrown her dead body in the canal.. As the petitioners, except Adalat Ali and Mumtaz Moon, are specifically mentioned in the F.I.R. Along with their conduct before the learned Additional Session Judge and as this is a heinous offence, extraordinary relief of pre-arrest bail cannot be extended to them. So without going into the deeper appreciation of evidence, I am not inclined to confirm the interim bail already granted to the petitioners vide this Court order dated 1-9-2004. The interim bail to the extent of petitioners Adalat Ali and Mumtaz Moon, who have been declared innocent by the Investigating Officer, is hereby confirmed while to the extent of the remaining petitioners is dismissed.