' MUHAMMAD ALAM, J.---This is a bail petition for grant of bail facility to the petitioner in connection with occurrence reported through FIR No, 02/2013 of Women Police Station Chilas, Diamer.
2. Petitioner, who is involved for the offences of sections 302, 324/34, P.P.C., booked through FIR No, 02/2013 dated 31-01-2013, of Women Police Station Chilas, Diamer, seeks his release on bail through this petition. Previously petitioner moved similar petition for similar remedy before the Sessions Judge Diamer, who through his order dated 13.11.2015 on Bail Petition No, 56/15, did not allow the bail facility to petitioner.
3. It is not disputed that, petitioner is accused of the occurrence reported through FIR No, 02/2013 of Police Station Darel also and petitioner has moved similar petition, Cr.Misc. No, 166/15 for his release on bail. Mst. Sahiba and Mr. Rehmat Wakeel were reportedly murdered in a single occurrence at Darel, but then a Women Police Station was established in Chilas, as the sole Women Police Station throughout District Diamer. Sub-Division Darel is part of Diamer District and police had to chalk two FIRs, one FIR, regarding the occurrence of the murder of a lady, Mst. Sahiba at Women Police Station Chilas, while the occurrence of murder of Mr. Rehmat Wakeel, deceased of the same occurrence at Police Station Darel. So, I direct for merging Cr. Misc No, 166/2015 with this petition (Cr. Misc. No, 167/ 2015), as the occurrence of both the petitions as well as the petitioner of both the petition are same.
Copy of this order be placed on Cr. Misc. No, 166/15 also.
4. The FIR No, 02/2013 of the occurrence recorded in Women Police Station Chilas has been chalked, in the light of written report referred in the said FIR, while FIR of the same number recorded in Police Station Darel has been chalked in the light of written application-of Mr. Waked, real brother of deceased Rehmat Wakeel.
From perusal of contents of the two FIRs, it is evident that the occurrence is evidently an occurrence of honour killing.
5 Initially, through order dated 22/04/2015 the learned Judicial Magistrate Darel/Tangir, granted bail facility to the petitioner in the light of joint statement dated 16/04/2015 of three legal heirs of deceased Rehmat Wakeel and joint statement of three legal heirs of deceased Mst. Sahiba. The names of the three legal heirs of deceased Rehmat Wakeel are, (1) Haji Muhammad Aqeel son of Abdur Raziq, father of deceased Rehmat Wakeel, (2) Shahida daughter of Baaz Gul, widow of deceased Rehmat Wakeel and (3) Wali Rehmat son of deceased Rehmat Wakeel, while three legal heirs of deceased Mst. Sahiba are, (1) Mst. Saleh wife of Shehzada, mother of deceased, (2) Syed Raja son of Sahib Khan, Husband of deceased and (3) Nowshad son of Bakht Shehzada, brother of deceased. Later on, after submission of challan, the learned trial Court of Sessions Judge Diamer cancelled the bail facility granted to the petitioner and remanded the petitioner to judicial lockup.
Petitioner moved a bail petition, B.A. No, 56/2015 before the trial Court, who through his order dated 13/11/2015 dismissed the said petition.
6. I have heard learned counsel for parties and have gone through the material available on file. I have very thoughtfully considered arguments advanced by the parties. From material available on file as well as in the light of arguments of the learned counsel for the parties, it is evident that, at this stage of the case, we are supposed to tentatively assess the prosecution evidence and as a result of the same, I feel that, there is sufficient prima-facie evidence showing prima-facie involvement of petitioner in the occurrence. Moreover, it is also prima-facie evident that the occurrence is one of honour killing and learned trial Court has rightly observed that, at this stage of the case section 311, P.P.C. Attracts, unless and until otherwise proved in the trial proceedings of the case. So, this petitions merits dismissal.
7. I therefore, dismiss this petition. File.