1. Applicant Michael Masih has moved for bail. He is facing trial in Court of VI Additional Sessions Judge, Karachi, East in Sessions Case No.477 of 1991, which is outcome of F.I.R. No.95 of 1991 of Police Station Ibrahim Hyderi.
2. Said case relates to murder of Muhammad Atique alias Riaz Masih on 17-4-1991 at 9.00 p.m.
3. Applicant Michael Masih was husband of Margaret. Four months before his murder, Riaz Masih embraced Islam and adopted name Muhammad Atique and married Margaret after she embraced Islam and adopted name Naima. Earlier she was divorced by the applicant. After marriage Muhammad Atiq and Najma started living with Mushtaq husband of complainant Mst.
4. Zarina alias Irshad in a house at Korangi Karachi. The separated couple had five children who were living sometimes with the father and sometimes with the mother. On 13-4-1991 Mst. Najma Margaret with her children left for house of the applicant, from where she returned all alone on 16- 4-1991. On the day of incident at 9.00 p.m. Deceased Atique, his wife Najma Margaret and applicant Michael were present in house of Mushtaq, while two persons were standing outside the house.
5. Michael told Mst. Zarina wife of Mushtaq to bring tea and she went to the kitchen, When she returned she found that deceased Atique was sitting on the floor and his hair were being pulled by the applicant who was telling him to come to the right path or else he would be killed. Thereafter, the applicant took out a "Churn" from his waist and attacked Atique and gave him Churri blows after catching him from his hair. Mst. Zarina restrained the applicant from causing injuries to Atique but she was given threat. Mst. Zarina noticed disappearance of Najma Margaret. On the noise, people of the Mohallah collected and those included Abdul Rehman and Noor Muhammad. Mst.
6. Zarina returned to the room and found Muhammad Atique lying dead. She lodged such F.I.R. With Ibrahim Hyderi Police. She alleged that Najma Margaret had incited the applicant to kill Muhammad Atique. Police registered the case for the offence punishable under section 302/109 of P.P.C.
7. Mr. Rana Shamim, learned counsel for the applicant disclosed that deceased Muhammad Atique, who had embraced Islam while marrying Najma Margaret, had taken her to Punjab where they remained for four months and then came to Karachi and that there was to be settlement about the children. Learned counsel termed P.Ws. Abdul Rehman and Noor Muhammad to be independent witnesses. He argued that evidence of the complainant supports the defence. It was further argued on behalf of the applicant that there were two views and the view in favour of the applicant should be accepted and he be given benefit of doubt. 'It was also argued that there was none to lookafter the children because their father was in jail.
8. Mr. Syed Amjad A.I Shah, A.-A.G. Opposed the application. He argued that the applicant was arrested at the spot and that there was strong ocular evidence against him coming from Noor Muhammad, Abdul Rehman, Rubina and Aasia. That there was evidence about the motive because the deceased was not prepared to divorce Najma Margaret. The case is said to have proceeded in the trial Court where wife of Mushtaq viz the complainant and P.Ws. Aasia, Abdul Rehman, Rubina alias Irshad were examined. It was added that there was a conspiracy to kill Atique.
9. The complainant in her evidence has supported the prosecution to the effect that when she returned from the kitchen she saw the applicant holding the deceased from his hair and giving Chhuri blows on chest and abdomen of deceased Riaz alias Atique who was sitting on the floor.
10. Aasia sister of the deceased claimed to have learnt about the incident from the complainant. She did not see the incident but saw the dead body. Abdul Rehman claimed to have heard a lady saying that her husband had been killed. He added that after 15 minutes police came there and arrested the applicant who had gone to the roof of the building. Abdul Rehman could not identify the accused/applicant in Court. Rubina alias Irshad is daughter of Mushtaq and she was present in the house at time of the incident. She claimed to have seen the applicant holding hairs of the deceased and the deceased shouting that he would be killed by the applicant. She saw the applicant stabbing Churri blows on person of the deceased. She was also threatened to be killed when she tried to intervene.
11. The case has made good progress and end of the case is in sight. Release of the applicant at this stage may influence the evidence which is yet to come on record.
12. The point raised by learned counsel, can be agitated at the time of final disposal of the case and not at bail stage. A cold-blooded murder had taken place and there are reasonable grounds to believe that the applicant is guilty of the offence punishable with death or transportation for life.
13. Consequently this bail application is dismissed.