' This is application for the Bail of Warayo, and Noordin, who are facing trial under sections 302/307/148/149/323-504, P.P.C.
' Bail Application of these two applicants was dismissed by this Court (Cr. Bail No,606/83). The applicants being aggrieved filed an appeal before the Supreme Court. Their Lordships while disposing of Cr.P.S.L.A.No, K-77/83, dismissed the bail plea of the applicant but observed that they can approach High Court again if so advised on the points raised first time before the Supreme Court. Therefore this application has been repeated.
' The facts of the case are that two applicants duly armed with guns alongwith other accused, caused the death of Mst. Doulat and injured Mst. Moomal. Accused Essal and Sobho, are stated to be armed with Lathis who were granted bail but bail plea of the present applicants was rejected on the ground, that they were armed with guns and allegation is that they fired at Mst. Doulat who died due to gunshot injuries.
' Mr. Agha Ghulam Ali, learned counsel for the applicants has contended that there is a delay in lodging the F.I.R., the ocular evidence is contrary to the medical evidence. In this bail application it is also been mentioned that the case of these applicants subsequently may fall under section 304(A), P.P.C. As allegations against the applicants are that Mst. Daulat was murdered because she was Karri with Allah Wadhayo. Mr. Agha Ghulam Ali has not pressed this ground.
' Mr. A.A. Muhammadally Assistant Advocate-General has submitted that this incident took place during day light and there are specific allegation against the applicants that they fired at deceased. Therefore he has opposed this bail application.
' The incident took place on 31st March, 1983, at noon and the matter was reported at Police Post Jahanpur, at 3.00 p.m. Whereas distance between the place of VARDAT and police post as shown in the F.I.R. Is 8 miles. Therefore in my opinion there is no delay in lodging the F.I.R.
' The next contention of Mr. Agha Ghulam All is that in post-mortem report in the column of remarks it is shown that death is caused due to fire-arm injury therefore according to him injury could be caused by one shot. On the perusal of the post-mortem notes, it appears that there are three injuries on the person of Mst. Daulat which are as under:-
(i) Three penetrating hole following part of the body:--
1. One below right breast,
2. Just above left breast,
3. One 12 cm. Below left axilla 0/E margins rough, juver fed, blackening present each size.
(ii) Two hole back left lower chest each size 23 cm. Of s. Margins rough, verted. No blackening.
' From the report it is clear that injury could possibly be by more than one shot.
It is too early to decide all these factors when no evidence has come on record. Empties were found from Vardat and gun has been recovered from Warayo. Prima facie the case under section 302/148/149/307. P.P.C. Is made out against the applicants and there are no grounds to consider their bail plea. The bail application is accordingly dismissed. The trial Court is directed to proceed with this case and complete the trial within three months.