' The prosecution story as made out from the first information report runs thus:--
1. The present incident took place on 20-3-1995 at 10 a.m. And the report was lodged the same day at 12-20 p.m.. At Police Station Gilgit by Mumtaz Khan, H.C. To the effect that during the days of occurrence, Mumtaz Khan, H.C., Fazal Rehman, Shahzada Khan, Ghiyasuddin, Ijaz Ahmad and Sher Khan, Foot Constables were posted at Check Post Alam Bridge. On the eventful day i,e, 20-3-1995, Mumtaz Khan, H.C. Incharge of the Check Post, Shahzada Khan and Fatal Rehman, F.Cs. Were present at the barrier. At about 10 a.m. a Rocky Vehicle bearing No,BLN-2136 was stopped at the barrier. The driver got his name entered in the register as Abdur Rehman. The front seat of the vehicle was occupied by a fat person of middle age.
2. After entering his name and number of vehicle, the driver proceeded ahead. Immediately thereafter another double door Datsun -Pick-Up of white cooler also stopped at the barrier. The driver got his name entered in the register as Mahmood Alam, resident of Jaglote and the hind seat of the Datsun in question was occupied by a lady who had wrapped her body in a Chador and only her eyes were visible. On inquiry, Mahmood Alam informed the police that they are going to Sassi Harmosh and proceeded ahead. After the departure of vehicle driven by Mahmood Alam, a Military Vehicle came in which Army Personnel's were sitting and proceeded towards Skardu. A little while after the departure of Military Vehicle, Mahmood Alam and the above-mentioned lady came back on foot towards the Check Post and when they were crossing the barrier, the lodger of the report and his companions (constables) asked them as to why they have come back. Mahmood Alam answered them that they are going to Maglite, as their vehicle has gone out of order and is parked on the road side. Mahmood Alam and the lady when crossed the barrier and were proceeding towards Karamkoram Highway, when in the meantime the same Military Vehicle came back from Sakardu Road side and apprised the police at Check Post that two persons have been done to death and that at the venue of occurrence a vehicle of white cooler is standing and there is also another white color Datsun parked at some distance from the place of occurrence. The police was also informed by the occupant of the Military Vehicle that one man and a lady are proceeding towards K.K.H. Road and probably they are the murderers and they .Should be apprehended.. At that time the man and the woman had reached near the K.K.H. The maker of the report Mumtaz Khan, H.C. And Fazal Rehman, F.C. Set out for the arrest of the two persons mentioned above. In the meantime a wagon came from Gilgit side and Mahmood Alam stopped the wagon. Mahmood Alam was followed by a woman and they both boarded the wagon in question and went towards Maglite. The Head Constable and his companion when reached K.K.H.
They found one lady shoe which was taken into possession and thereafter they came back to their Check Post and S.H.O. Maglite was informed on wireless that Mahmood Alam and a lady after killing two persons have boarded a wagon proceeding towards Jugulate and that they should be apprehended. Mumtaz Khan, H.C. And rest of the staff members went towards the place of occurrence. The driver had breathed his last on the seat whereas the dead body of a fat person of middle age was lying in a pool of blood on the road side. The dead bodies were identified as those of Muhammad Ashraf, Manager National Bank, Skardu, resident of Jallalabad and Abdur Rehman, driver, resident of Khaplu. The two accused were arrested by the S.H.O., Maglite and the Check Post, Alam Bridge was informed on wireless regarding the arrest of the accused.
3. I have heard the learned counsel for the parties and examined the record of the case.
4. The accused-petitioner Mahmood Alam was arrested on the same day by the S.H.O., Maglite as well as his co-accused Mst. Rakhshinda Jabeen and the Police, posted at Check Post Alam Bridge was informed on wireless. During the spot inspection, the police recovered 30 empty shells of 7.62 mm bore from the vicinity of the spot in the presence of S.G.C. Zaidullah and Akbar Hussain, S.G.C.
On 22-3-1995 at 8-10 a.m. Mahmood Alam accused while in handcuffs led the police to road leading to Chhamugrah on the river side and underneath a big stone, a Kalashnikov, the alleged weapon of offence along with a magazine containing 8 live rounds were recovered at the instance and potation of the accused and sealed the same into a parcel in the presence of marginal witnesses namely, Walayat Ali and Qasim Shah, residents of Jalalabad.
5. The crime empties and the Kalashnikov duly sealed in different parcels were sent to the Forensic Science Laboratory for examination and report. The Arm Expert received the said parcels on 23-4- 1995 and after examination; he sent his report on 26-4-1995 to the effect that the crime empties 30 in number of 7.62 mm bore were fired from the same Kalashnikov, the alleged weapon of offence.
On 22-3-1995 one Abdullah Khan son of Habibullah of Jallalabad, a shepherd who was grazing his cattle at the relevant time, Muhammad Muneer, driver and Ijaz Ahmad, conductor of the wagon in which the accused and the lady had boarded on K.K.H. Road proceeding to Maglite from Gigot were examined under section 161, Cr.P.C. Besides Capt. Hamid Raza Sherazi and L.N. Mumtaz Khan were also examined on 3-5-1995, who have supported the version as given in the F.I.R.
6. It is surprising that co-accused Mst. Rakhshinda Jabeen was arrested by the S.H.O. Maglite, but in spite of that she was let off and has been shown as an absconder in the challah.
7. Keeping in view the statements of Abdullah Khan, Capt. Hamid Raza Sherazi, L.N. Mumtaz Khan, Muhammad. Muneer, driver and Ijaz Ahmad, conductor of the wagon, recorded under section 161, Cr.P.C., recovery of an unlicensed klashnikov at the instance and pointation of the accused and the empty shells recovered from the venue of occurrence coupled with the opinion of the Arm Expert and the abscondence of co-accused Mst. Rakhshinda Jabeen, prima facie, the accused-petitioner is connected with the crime in question and no plausible ground exists to enlarge the accused- petitioner on bail.
8. In view of the foregoing discussion, the application for bail merits no consideration and is hereby rejected.