1. ' Applicant is facing trial alongwith other co-accused for offence under section 302/34, P.P.C. It is a case of the prosecution that four accused persons committed double murder of Ali Muhammad and Mst. Laila after declaring them Karo and Kari. Incident took place on 27-1-1989 at 2-00 p.m.
2. Near the house of accused persons in Deh Malir. Deceased Mst. Laila was daughter of co-accused Ali Hasan. Applicant Khadim and two other co-accused, namely, Deedar and Ali Jan are sons of Ali Hasan. According to F.I.R. Ali Hasan was armed with gun and he fired at Ali Muhammad who fell down injured. Remaining three co-accused including Khadim who were all armed with hatchets then went near and gave hatchet injuries to Ali Muhammad, who died at the spot. Accused persons declared that Ali Muhammad was Karo with Mst. Laila and killed her as well.
3. Bail plea of applicant Khadim is urged that it is a case of further enquiry on following grounds.
4. Firstly during investigation main accused All Hasan was let off by police as he produced evidence of alibi supported by three witnesses who were examined by the Magistrate under section 164, Cr.P.C. And they claimed that Ali Hasan was with them at Kandhkot at the time when incident took place in Deh Malir. It is further submitted that this fact will throw doubt on the veracity of the eye- witnesses who are even otherwise closely related to Ali Muhammad except Qamardin. It is the prosecution case that these witnesses alongwith Ali Muhammad came to the house of All Hasan, where All Muhammad declared that he had been called to cut wood and then went out and after a short while cries were heard and these witnesses went out and saw the incident.
5. ' Second ground is that these eye-witnesses probably have not seen the incident as is claimed by them because they have not explained injuries on the person of Ali Muhammad. According to F.I.R.
6. All Muhammad was shot at by Ali Hasan, and then hatchet injuries were given to him by the remaining three accused persons. As against that according to post-mortem report it is found that Ali Muhammad has sustained 10 injuries three fire-arm injuries and two injuries caused by hard and blunt substance.
7. ' It is also submitted by the learned counsel that as per prosecution case motive shows that it is a case of Karo-Kari, as such trial Court after evaluation of evidence may award lesser sentence and even on that ground it becomes a case of further enquiry.
8. ' For the facts and reasons stated above I admit applicant to bail in the sum of Rs,50,000 with one surety and P.R. In the like amount to the satisfaction of the trial Court.