Muhammad Faisal, petitioner, aged about 20 years was arrested on the 27th of November 1996, and, is in jail ever since awaiting trial, in pursuance of a case registered against him vide F.I.R.
No.498/96, dated 25th of November, 1996, under section 302 of the Pakistan Penal Code at Police Station, Bhiki of District Shaikhupra, regarding an occurrence, which took place on the 25th of November 1996, at 4 a.m. In the house of Muhammad Faisal petitioner, which is in the area of Feroze-Wattuan of Police Station Bhikhi of District Sheikhupura, where, the F.I.R. Was lodged on the same day at 1-45 p.m. By Muhammad Ashraf, brother of Munsha deceased.
2. Admittedly, the occurrence took place inside the house of Muhammad Faisal petitioner early in the morning on the 25th of November, 1996, in which two young persons namely; Mansha aged about 32 and Mst. Naila Bibi, aged about 16, a sister of Muhammad Faisal petitioner, were done to death. It is also in the F.I.R., that Muhammad Faisal petitioner all along suspected his sister Mst.
Naila Bibi deceased of having an illicit liaison with Mansha deceased.
3. The learned Assistant Advocate-General has read out the final report submitted by the investigating officer under section 173 of the Code of Criminal Procedure, which is to the effect that:------ "Muhammad Faisal petitioner found his sister Mst. Naila Bibi deceased in a compromising position with Mansha deceased, that he lost control over his senses and under sudden and grave provocation killed both Mansha and Mst. Naila Bibi with a dagger."
The learned Assistant Advocate-General has also read out the statement of Mst. Inayat Bibi, the unfortunate mother of Muhammad Faisal petitioner and Mst. Naila Bibi deceased, which is to the effect:--. "that both Mansha deceased and her daughter Mst: Naila Bibi were naked at the time of occurrence, and, that she dressed them. "
4. Prima facie, it appears that the deed was done by Muhammad Faisal petitioner in a fit of rage when he had lost control over his senses under sudden and grave provocation.
5. The question is whether the plea of grave and sudden provocation is still available or not, the answer is to be found in the ' Quranic' Injunctions contained in Verse 34 of ' Surah-an-Nisa' ordaining that "Men are incharge of women". A husband; father; and. The brothers are supposed to guard the life and honour of the females, who are inmates of the house and when anyone of them finds a trespasser, committing ' Zina' with a woman of his family, then murder by him whilst deprived of self-control will not amount to "Qatl-i-amd" liable to 'Qisas because the deceased in such a case is not a "Masoom-ud-Dam".
6. Prima facie, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life do not seem to exist. Further, the case against the petitioner may be a matter of further inquiry, which entitles the petitioner to the grant of bail.
Resultantly, the petitioner is granted bail provided he furnishes a bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.