1. ' Applicant Habibullah and co-accused Azirulllah are facing trial for offence under sections 307/34, P.P.C. And 13-D of the Arms Ordinance. It is alleged that Habibullah fired from gun at his wife Mst.
2. Moomal on 11-11-1988 at Somhani time and report of gunfire and cries of Mst. Moomal attracted to spot witnesses, namely, complainant Ghous Bux who is father of Mst. Moomal lying injured and Habibullah standing with gun over her. Azizullah was also present there with hatchet. Habibullah declared that Mst. Moomal was Kari with Ghulam ' Hussain Golo. After that both accused persons ran away.
3. Bail plea is urged on the ground that it is a case of further enquiry for variety of reasons. Firstly there is delay in F.I.R. And according to the complainant as is mentioned in the F.I.R. He was waiting for Nekmards who promised that they would give a Faisla. Complainant was waiting and hence he filed F.I.R. On 31-11-1988 at 6-30 p.m. Even this fact is not supported by medical evidence, because Mst. Moomal was examined by the doctor on 3-11-1988 who found that she sustained six injuries from fire-arm out of which two injuries have been declared to be grievous in nature. According to the doctor injuries found on the person of Mst. Moomal were healed and were 7 days old. Secondly in challan it appears that no enquiry was made during investigation from Nekmards who had promised to the complainant to give Faisla. Names of Nekmards are not given in the challan.
4. Thirdly no crime empty is recovered from the spot and applicant was arrested on 23-11-1988 and has remained in custody for more than six months. In support that for reasons mentioned above this is a good case for grant of bail on the ground of further enquiry reliance is placed on 1983 P Cr.
5. L J 1478 at page 1479 and also 1980 SCMR 889.