' Ali Sher alias Sher petitioner alongwith Sharaf were involved in case F.I.R. No,123 of 1996 registered at Police Station Harappa on 26-3-1996 under section 302/34, P.P.C. For an occurrence which took place on the night between 25/26-3-1996 at 1-00/2-00 a.m. Wherein Mst. Shahnaz daughter of the complainant was done to death. The occurrence was reported by Shameer complainant.
2. Ali Sher petitioner was arrested in the said case on 14-7-1997 and a rifle was recovered from him in course of investigation. Sharaf was found innocent and was discharged on 29-9-1996. Shameer complainant has filed a private complaint and has nominated both the accused in that private complaint as well which is also pending adjudication.
3. Briefly the facts of the case are that the complainant has built his residence in Killa No,19, Square No,39. Naseer P.W. Also lived alongwith the complainant while Kabeer P.W. Was present in the house of the complainant and after taking meal all of them went to bed. Mst. Shahnaz was also present in the house on that night. Lantern was lit. At 1-00/2-00 a.m. The complainant woke up on hearing the barking of dogs and on movement of footsteps and he saw in the light of the lantern Ali Sher petitioner and Sharaf co-accused were armed with rifles. Ali Sher raised Lalkara whereafter Sharaf co-accused fired with his rifle which hit Mst. Shahnaz deceased and she died at the spot and the accused decamped from the place of occurrence alongwith their weapons. The motive as stated in the F.I.R. Is that Mst. Shahnaz had been given in Nikah to Nawaz nephew of the accused but the Rukhsati had not been performed. Ali Sher and Sharaf accused got Mst. Shahnaz divorced from Nawaz and Sharaf accused wanted the hand of Mst. Shahnaz for himself. The complainant in Watta demanded the hand of a girl for his son Ghulam Abbas who was deaf and dumb but the accused refused to give him their girl and as such they bore a grudge as he refused to marry Mst.
Shahnaz to the accused.
4.
4. Learned counsel for the petitioner has argued that the petitioner is only attributed Lalkara and the fatal shot has been attributed to a person who has been found innocent and discharged and now he has been summoned in the private complaint filed by the complainant. There is no motive for the present petitioner except that he is brother of Sharaf, who, wanted the hand of Mst. Shahnaz.
The challan is pending in Court since 28-7-1996. The complaint and the challan case are both pending adjudication before the learned Trial Court. For the time being there exist reasonable grounds for further inquiry in the case against the petitioner. The petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with two sureties in the like amount to the satisfaction of the learned trial Court.