MAZHAR IQBAL SIDHU, J.---Gehney Khan and Ghulam Rasool petitioners seek post arrest bail in a case registered vide F.I.R. No,411/10 dated 18-8-2010 under sections 302/148/149/109, P.P.C. at Police Station Pacca Laran, Distt. Rahimyar Khan on the complaint of Saeed Ahmad.
2. It is pertinent to mention here that earlier bail application of the petitioners was withdrawn from this court on 3-1-20U on the ground that by that time report of the chemical examiner was not available on the file and the same has now been received on 2-12-2010.
3. Precisely the allegations levelled in the F.I.R. are that on the day of occurrence i,e, 18-8-2010 at about 10-00 a.m., Gehney Khan and Ghulam Rasool petitioners, Muhammad Hasham, Ghareeb Nawaz, Shah Nawaz, Shoukat Ali and Ameer Nawaz co-accused gave beating to Waleed Ahmad deceased in the land of the complainant and then he was forcibly taken to the house of petitioner Gehney Khan and was allegedly detained in a room whereas in another room Mst. Nazia Bibi deceased daughter of Gehney Khan petitioner aged about 17/18 years was also detained after beating her. Ameer Nawaz co-accused brought Abid Nawaz and Allah Nawaz sons of the petitioner Gehney Khan from Khan Bela. In the meanwhile, complainant also received information about this whereupon complainant along with Abdul Ghaffar alias Qabal Khan and Bilawal Khan P.Ws. came in village Kotla Daulat in the house of Gehney Khan petitioner in order to rescue his son Waleed Ahmad deceased. It has further been alleged in the F.I.R. that on seeing the complainant and P.Ws., co-accused Abid, Allah Nawaz, Ghulam Rasool and Shah Nawaz brought out Waleed Ahmad deceased from a room to an open place where co-accused Abid caused hatchet blow on the right side of neck of Waleed Ahmad, then Allah Nawaz co-accused gave hatchet blow hitting on his leg near knee joint whereupon Waleed Ahmad fell on the ground and thereafter petitioner Gehney Khan gave an iron rod blow hitting on his right calf. Abid,, Allah Ditta and Shah Nawaz co-accused also allegedly caused successive blows with their hatchets hitting on different parts of body of the deceased. Then complainant along with P.Ws. tried to save the deceased whereupon petitioners Gehney Khan and Ghulam Rasool along with their co-accused Ghareeb Nawaz threatened them not to come near otherwise they shall be done to death. In the meanwhile, Ghulam Rasool petitioner and Ghareeb Nawaz, Ameer Nawaz, Muhammad Hasham and Shoukat An co-accused brought out Nazia deceased from the room by catching her hair near the dead body of Waleed Ahmed deceased and caused her injuries with their respective weapons resulted in her death at the spot and then while. shouting Lalkaras that they have saved their family honour by committing murders of Waleed and Mst. Nadia as they had suspicion about illict intimacy between the deceased.
4. Petitioners were arrested in this case and thereafter their post arrest bail was dismissed by the learned trial Court. Hence, instant bail application.
5. In support of bail application, learned counsel for the petitioner has orchestrated his arguments that petitioner Gehney Khan allegedly caused injury on the right leg of deceased Waleed Ahmad with iron raod whereas according to his post mortem report, there is no injury of blunt weapon on his right calf. Learned counsel has developed his arguments that there is glaring contradiction between medical evidence. and ocular evidence. Petitioner was holding iron rod, the same is blunt Weapon.
6. Learned counsel for petitioner Ghulam Rasool has argued that he did not cause any injury to deceased Waleed Ahmad and no specific injury has been attributed to him vis-a-vis other deceased Mst. Nazia daughter of co-petitioner ' Gehney. Khan. Further argued that mesh has been made widen by the complainant by involving all male members of family of Gehney Khan and in fact both the deceased were found in an objectionable condition and were slain because of "Ghairat" in order to vindicate family honour. Further argued that report of vaginal swabs of female deceased reveals to be stained with semen which again supports the version of the accused party.
Learned counsel by peroration his arguments has prayed for bail.
7. Learned D.P.-G. assisted by learned counsel for complainant has argued that it is day light occurrence; petitioners are very much named in the F.I.R.; specific roles have been assigned to them in the F.I.R.; it is a case of double murders and arguments of learned counsel for the petitioners lead to go in the deep merits of the case which is not permissible at bail stage; recovery of iron rod has been effected from Gehney Khan petitioner, same, corroborates prosecution case; offence alleged falls within the prohibitory clause of section 497, Cr.P.C. and even otherwise if the case is taken in exceptions and it may be brought under section 302(C), P.P.C. nevertheless upto 25 years punishment can be awarded to the petitioners in these circumstances, they are not entitled for grant Of bail.
8. Heard. Record perused.
9. Prosecution's own case is that both the deceased had indulged in illicit intimacy. Mst. Nazia Bibi deceased is real daughter of Gehney Khan petitioner. The allegation ascribed to the petitioner Gehney Khan is that he has caused injury with iron rod hitting on right calf of Waleed Ahmad deceased, the same has not been substantiated by postmortem report as no injury on the calf has been found with blunt means: Medical contradiction with- ocular version securely brings the case of the petitioner within the purview of further inquiry.
10. So far as case of Ghulam Rasool petitioner is concerned, he did not cause any injury to deceased Waleed Ahmad whereas joint role of causing injuries on .the person of Mst. Nazia Bibi deceased has been assigned him and it cannot be adjudged at this stage that injury allegedly caused by this petitioner was the cause of death or not.
11. The outcome of the investigation is that both the petitioners did not cause any injury to either of the deceased persons. However, they remained present during occurrence along with their co- accused. Report of the vaginal swabs of Mst. Nazia Bibi deceased is found positive. It appears appropriate not to go into deep merits of the case to avoid pre judiceness to either of the parties.
Suffice it to say that all the above mentioned facts and circumstances of the case prima facie makes the case of the . petitioner that of further inquiry as envisaged under section 497(2), Cr.P.C., therefore, instant application is allowed and petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs,1,00,000 (one lac) each with one surety each in the like amount to the satisfaction of learned trial Court.