' SHAHID ANWAR BAJWA, J.---One Mst. Afshan married with Awais son of Ghulam Mustafa. On 15-4- 2009 SIP/S.H.O. Sono Khan Nindwani lodged F.I.R. No,27 of 2009 on behalf of State at Police Station Ghauspur. In F.I.R. It was stated that on 15-4-2009 at about 1400 hours Abdul Khaliq alias Agho and Akhtiar both sons of Liaquat Ali (Akhtiar Ali is applicant No,3 in this matter), Asghar son of Muhammad Ali, Imam Bux son of Dhani Bux, Daimuddin (applicant No,1), Qamaruddin (applicant No,2) both sons of Qaimuddin by caste Panhwar, in collusion with each other and with common object in house of Diamuddin accused Abdul Khaliq alias Agho and Asghar had murdered Mst.
Afshan daughter of Liaquat Ali Panhwar aged about 18 years by shooting her by pistol on account of their annoyance on her having contracted marriage outside of caste. S.H.O. Found dead body of Mst. Afshan lying in house of applicant No,
1. When police reached the house no male member was present in house. It was found that she had received one injury through and through in her right thigh and second through and through fire-arm injury sustained on her left side below the chest.
Case was registered and accused were arrested, Present applicants had filed bail application in the Court of Sessions Judge Kandhkot. This bail application was rejected vide order, dated 30-5- 2009.
2. Learned counsel for applicants submitted that the applicants are innocent and have not committed any crime. There is no eye-witness to the incident. He referred to statement under section 164, Cr.P.C. Of Mst. Safia Riaz sister of applicant Akhtiar Ali and paternal niece of Daimuddin and Qamaruddin. Said Mst. Safia Riaz stated that she is married and resided in Ghauspur whereas her brother and Mst. Afshan resided in Hyderabad. On 14-4-2009 at evening time applicant No,3., his mother and Mst. Afshan came from Hyderabad to Ghauspur and stayed at house of Daimuddin. Mst. Safia further stated that on 15-4-2009 she went to their house to meet them and while they were still there at about 12 noon Abdul Khaliq alias Agho and Asghar both armed with pistols came in Asghar pointed his pistol at the ladies and Akhtiar, and Abdul Khaliq made straight fire at Mst. Afshan injuring and killing her. Learned counsel also referred to statement under section 164, Cr.P.C., submitted by Mst. Inayat Khatodn wife of Liaquat Ali. She stated that Mst. Afshan was her daughter. She narrated exactly what Mst. Safia did. Both implicated only Abdul Khaliq alias Agho of having fired fatal shots. Learned counsel also referred to extract from station diary of Police Station of which applicant No,2 Qamaruddin is Station House Officer to contend alibi of Qamaruddin that he was at the Police Station from 1130 upto 1740 hours on 15-4-2009 and therefore he could not have in any case involved in murder of the deceased Mst. Afshan. Learned counsel submitted that learned Judge below has not applied his judicial mind and has been merely influenced by order of this Court. Learned counsel submitted that challan has been presented but charge has not been framed. He stated that it is a case of further inquiries and therefore applicants are entitled to bail. He relied upon Maskhoor v. State (2009 PCr.LJ 110), Asghar Ali v. State (2009 PCr.LJ 660), Nazir Ali v. State (2009 PCr.LJ 700), Shafi Muhammad v. State (2002 PCr.LJ 494) and Safdar alias Javed alias Jaji v. State (2009 YLR 660).
3. Learned Assistant Prosecutor-General Sindh appearing for State stated that Mst. Afshan had married against will of family and outside her caste to one Awais son of Ghulam Mustafa. A letter was written on 24-2-2007 by one Maheen a friend of deceased to Sukkur Bench of this Court in which he prayed the Court that it is a question of life and death of. Mst. Afshan who had not yet been murdered and had prayed that her life be saved. Consequently, a petition was filed before the Sukkur Bench of this Court in which apprehension was expressed that deceased will be murdered by way of Karokari. Learned A.P.G. Submitted that it is a case of conspiracy to commit murder of an innocent girl merely because she had decided to exercise her legal, constitutional, moral and religious right of marrying according to her choice.
4. While exercising right of reply learned counsel for the applicant referred to affidavit of said Awais filed with petition wherein it has been stated that after knowing that the application had sent to Sukkur Bench of this Court that Mst. Afshan was illegally confined in house of Daimuddin at Ghauspur, on 10-4-2009 learned Magistrate made search of the house of Daimuddin but Mst.
Afshan was not found there. It was stated in affidavit that Daimuddin informed Akhtiar Ali at Hyderabad about search of his house and asked him to bring Afshan at Ghauspur for producing her before the Court. Learned counsel pointed out para. 4 of affidavit of said Awais wherein he has stated that applicants Nos. 1 and 2 were very happy with this marriage.
5. I have heard learned counsel and have perused material placed on record. I have also gone through the case-law cited by the learned counsel for the applicants.
6. I may recapitulate the facts. Deceased Afshan is daughter of Liaquat Ali. Mat. Safia Riaz was her sister, Mst. Inayat Khatoon was her mother, Akhtiar and Abdul Khaliq alias Agho were her real brothers, Daimuddin and Qamaruddin both sons of Daimuddin were her paternal uncles. Deceased Afshan, Akhtiar and Ms. Safia Riaz lived at Hyderabad, Daimuddin live at Sukkur, Qamaruddin was S.H.O. Police Station Katcho District Kashmor. Deceased Afshan's father was Panhwar by caste. She married with one Awais Rajpar. Mst. Maheen a friend of deceased Afshan wrote letter to Sukkur Bench of this Court expressing her fear that Afshan would be murdered. Judicial Magistrate conducted raid at house of Daimuddin on 10-4-2009. Akhtair and his mother took Afshan with them to Sukkur where she was murdered. Apprehension expressed by Mst. Maheen has been proved well founded.
7. Apparently, it appears to be a case of Karo Kari. In their statements under section 164, Cr.P.C. Mst.
Safia Riaz and Mst. Inayat Khatoon have stated that deceased Mst. Afshan immediately on being shot fell down and suddenly expired. Medico-legal Report says that cause of death is due to haemorrhage and shock resulting from injury.
8. In Shafi Muhammad's case one Fateh Muhammad was killed and it was alleged that Shafi Muhammad and Muhammad Uris caused injuries to him one by wooden patti and other by brick when the deceased had fallen down. First hit him on the face and second on face and backside of neck. Bail was granted to Shafi Muhammad because it was yet to be seen as to who had given fatal blow and admittedly only one blow had been attributed to Shafi Muhammad. The present being a case of murder which took place it appears after long premeditated plan is clearly distinguishable. In Mashkoor's case allegation against petitioner was that he as being member of an unlawful assembly had entered into house of complainant and had committed murder of Mohsin Ali. He was granted bail because no active role had been attributed to petitioner. In Asghar All's case 70 capsules containing heroin weighing 610 grams were allegedly recovered from stomach of accused but exact weight could not have been more than 300 grams. The accused had been behind bars for 9 months. Since it had been practice of trial Court below that in cases where recovery was from 200 to 400 grams, on pleading guilty trial Court used to convict and sentence the accused from 1 to 2 years and since accused was behind the bars for 9 months bail was allowed. In Nazir Ali's case the allegation was that accused along with his accomplice had committed murder of complainant's husband. There was no eye-witness of occurrence, murder was committed in house of complainant but no one knew about the murder committed in house as no hue and cry was ever made by the deceased and with this aspect of the case learned Court was persuaded to grant of bail. In Safdar's case murder had been committed by Shafiq Ahmed.
The applicant had been arrayed as accused through supplementary statement made after nine and half months of occurrence.
9. The present case is quite distinguishable as entire family is alleged to have conspired together to carry lamb of a girl from Hyderabad to Sukkur where girl was kept in the house of applicant No,1, the uncle and applicant and 2, the other uncle made meticulous arrangement and at the Police Station for recording his preserve statement. The girl was murdered just because she contracted marriage of her own choice. Nobody shed even single tear for the helpless victim who bled to death in front of eyes of her own mother, her own sister and her own brothers, Two ladies who were present in house did not even scream. Affidavit of husband of deceased Awais Mustafa has been filed. A He adumbrated that Daimuddin and Qamaruddin had no objection to his marriage. He went on to say in his affidavit that he has no objection if bail is granted to present applicants.
10. Karo Kari is crime which is a blot not only on fair name on Sindh a land of Sufis' and Saints which has always overflowed with milk of lumen kindness. It has in the unity of nations, always sullied Pakistan and Muslim Society as a whole. This is a case where conspiracy of murder is floating on the surface I, therefore, reject the bail application.