1. ' MUKHTAR AHMED JUNEJO, J.---Leave to appeal is sought against an order dated 8-12-1994 passed by a learned Single Judge of the High Court of Sindh cancelling bail of petitioner Mst. Raheela Durrani in the case registered against her under F.I.R. No,108/94 at Police Station, Tipu Sultan, Karachi East for having committed murder of Squadron Leader Ejaz Ahmed of Pakistan Air Force on 29-5-1994.
2. ' Said case was registered on F.I.R. Lodged by Nazeer Ahmed, Provost' and Security Flight in Pakistan Air Force. On 29-5-1994 at 7-30 p.m., complainant Nazeer Ahmed was informed by Gizri Police Station over telephone that Squadron Leader Ejaz Ahmed of Pakistan. Air Force had been murdered by a lady accused with three other accused, who were arrested by said police while doing away with the dead body of the deceased. On receiving such telephonic meassage the complainant visited Police Station Gizri where dead body of the deceased was lying. The complainant was informed that petitioner Mst. Raheela Durrani and the three co-accused were caught while they were throwing dead body of the deceased in Khayaban-e-Ittehed, Defence, Karachi. Such F.I.R.
3. Was lodged.
4. ' After due investigation, police submitted interim challan in the concerned Court against petitioner Mst. Raheela Durrani and co-accused Muhammad Riaz, Subhan and Mumtaz Ali. The petitioner was released on bail under orders dated 26-6-1994 passed by the learned Sessions Judge, Karachi East.
5. ' Complainant Nazeer Ahmed moved Criminal Miscellaneous Application No, 424/94 in the High Court of Sindh for cancellation of the bail granted to petitioner Mst. Raheela Durrani. Under the impugned order dated 8-12-1994 a learned Single Judge of the High Court of Sindh, accepted the application and cancelled the bail granted to the petitioner. Hence this petition.
6. ' Mr. Azizullah Shaikh, learned counsel for the petitioner, argued that the incident of murder was not witnessed by anybody and that dead body of the deceased was having three incised wounds, one lacerated wound and one abrasion and hence such evidence was in conflict with the prosecution story. The learned counsel challenged the very F.I.R. To be inadmissible and argued that on the basis of evidence of A.S.I. Mir. Aslam and his party, the lady petitioner can, at the most, be said to have committed an offence punishable under section 201 P.P.C. Which is bailable. The learned counsel further contended that this was a case of no evidence because whatever confessional statement was made by the lady petitioner before police was inadmissible under section 24 of the repealed Evidence Act and that Chowkidar Saeedullah had not seen the deceased with the petitioner. Criticising the impugned order, the learned counsel argued that it was misconceived.
7. At the stage of bail it would not be proper to appraise the evidence which act is likely to prejudice the trial. For the purpose of considering whether reasonable grounds exist for believing the petitioner to be guilty of the offence of murder, there is evidence of Chowkidar Saeedullah who saw the deceased having come to house of the petitioner by a red-coloured car on the day of incident at a time before the Azan of "Zuhar" prayers. P.W. Saeedullah also saw the deceased going inside the house of the petitioner, where he was a regular visitor. On the same day Saeedullah learnt about the deceased having been killed. Then there is evidence of A.S.I. Mir. Aslam and police officials accompanying him, when on the day of incident, he saw the dead body of deceased Ejaz Ahmed being thrown at a place in Phase-VI of Defence, where the petitioner was present in her car.
8. Police also secured clothes of the deceased from the same car. These facts, if true, would make the petitioner not only liable for offence under section 201, P.P.C. But her conduct would be a point for consideration against her in the murder charge against her.
9. ' While cancelling bail the learned Single Judge in Chamber took view as follows:-- "I have considered all above contentions and have perused the entire record of the investigation and the case-law referred. I do not find any delay in lodging the F.I.R. As the complainant Nazeer Ahmed was informed on telephone by Gizri Police that four accused were arrested by them while they were disposing of the dead body of Sq. Leader Ejaz Ahmed in the bushes. On receipt of such information the complainant came to the police station, verified the facts and identified the dead body of deceased Ejaz Ahmed, who was an officer in Pakistan Air Force. I also do not find any contradiction between medical evidence and the ocular testimony because there is no eyewitness in the case, who may have seen the respondent or co-accused actually committing the murder of the deceased and as to the weapon used for committing the murder. Mere recovery of a cricket bat from the flat of the accused would not lead to an inference that the death of deceased was caused by hard and blunt substance like a bat and not with a sharp-adged weapon as is indicated by the post-mortem report.
10. ' The respondent and the co-accused were arrested red-handed while disposing of the dead body of Ejaz Ahmed by A.S.I. Mir Aslam and others which was a strong circumstantial evidence against the respondent to indicate that after committing the murder of the deceased his dead body was wrapped in a carpet and carried in the car to, be disposed of at some abandoned place. Merely because the respondent is a lady accused that by itself would not be the sole ground for exercising discretion in the matter of grant of bail. There is evidence of last seen that has come through P.W.
11. Saeedullah, Chowkidar, who had seen the deceased with the respondent at about the time when the murder of Ejaz Ahmed was allegedly committed."
12. It is not practice of this Court to interfere with discretionary orders passed by the Court below unless exceptional case is made out for interference. In the present case the learned Judge in Chamber appears to have properly exercised his discretion which requires no interference.
13. Consequently this petition stands dismissed.