1. ' ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the order of a learned Judge of Baluchistan High Court dated 31-1-1989 dismissing petitioner's request for release on bail pending trial of a case against him under section 302/34, P.P.C. Read with section 17(4) of Offences against Property (Enforcement of Hadd) Ordinance, 1979. Facts of the case are as under: ' On the night between Ist and 2nd October, 1988, it is said that 5 persons trespassed into the house of Abdul Karim (deceased) and on gun point demanded money and jewellery from him. On his refusal the culprits committed murder of Abdul Karim and his two sons. The crime was reported by Bibi Hoor widow of Abdul Karim with Saddar Police Station, Quetta. During the investigation 5 persons namely, Lal Mohammad petitioner, Mohammad Aslam, Mian Khan, Rozi Khan and Abdul Wahid were arrested. Petitioner applied for release on bail on the ground that his name is not mentioned in the F.I.R. And the only evidence available with the prosecution consists of confessional statements of co-accused Mohammad Aslam and Mian Khan which cannot sustain his guilt on the charges levelled against him. Learned Additional Sessions Judge, Quetta rejected petitioner's request for bail on the ground that "a prima facie case is made out against the petitioner which disentitles him from the grant of the bail." Thereafter, petitioner approached the High Court with the same request but it was also rejected by the impugned order mentioned above.
2. ' After having gone through the record of the case and the investigation papers made available by the learned. Advocate-General we find that in refusing to release the petitioner on bail at this stage, learned Judge in the High Court has not violated any legal provision or principle of law governing bail in cases such as this. The petition is therefore dismissed.