1. This is an application for grant of bail to the applicant Muhammad Azam son of Ajun Khan who is facing trial in Court of II Additional Sessions Judge, Karachi (South) under section 302, Qisas and Diyat Ordinance in Crime No.140 of 1995 of Police Station Risala, Karachi. The allegations against the present applicant are that he burnt his wife Mst. Shakeela who subsequently died in the hospital.
2. The contentions of the learned counsel for the applicant is that F.I.R. Is delayed by four days. The mother and sister of the accused who were residing with the accused in the same house and were the natural witnesses have not been examined or cited as prosecution witnesses. There is no eye- witness of the incident to support the case of the prosecution. It is only word of deceased who disclosed before P.Ws. Mushtaq, Amin and Mohsin while shifting from one hospital to other that she was burnt by the applicant/accused. The, learned counsel further contends that P.W. Amin who is said to have come to the place of incident has been examined on 3-10-1995 by the police.
3. Learned counsel appearing for the State has vehemently opposed to the grant of bail to the applicant. He has contended that the delay has been explained by the complainant that they were shifting the victim from one hospital to another in order to save her life. The motive is mentioned in the F.I.R. That there was a family dispute between the accused/applicant and the deceased. The learned counsel further contended that the deceased had disclosed in presence of prosecution witnesses that she has been burnt by applicant/accused at the time when she was being shifted to other hospital and was struggling for her life.
4. I have given careful consideration to the above submissions of the learned counsel for the parties.
5. Such type of cases appear in electronic media wherein helpless house-wives are being burnt and done to death in like manner. In view of the circumstances the applicant at present deserves no concession of bail. Consequently, the trial Court had rightly declined to accept the request of the applicant. This application is also dismissed.