' Abdul Qadir complainant, a driver by profession, and brother of Mst. Khadija (deceased of this case), married to Ameer Bakhsh petitioner, got recorded F.I.R., No,51, dated 29-1-1999 at Police Station Jampur, district Rajanpur under section 302, P.P.C. According to him his sister Mst.Khadija was married to Ameer Bakhsh who were blessed with two sons and two daughters. He had gone to the house of his Behnoi Ameer Bakhsh along with Kareem Bakhsh on a routine visit where he had his dinner and started watching television. In the contiguous room his sister Mst. Khadija was present. At about 8-30 p.m. He heard the alarm of his sister where he went and saw Ameer Bakhsh petitioner present there while armed with a gun and a stranger whose name afterwards was brought to his notice as Abrar Ahmad was lying with his sister Mst. Khadija on the same cot. His Behnoi fired at Mst.Khadija and, second time, at Abrar Ahmad. He repeated firing at Mst. Khadija and Abrar Ahmad. He restrained them from coming ahead by issuing the threats that fled way.
According to the complainant the dead bodies of both Mst. Khadija and Abrar Ahmad were lying full of blood on the same cot. He prayed for taking the legal action. The law was set in motion. The dead bodies were taken into possession and autopsy of both the dead bodies was got conducted.
The blood-stained earth was taken into possession. The statements of the P.Ws. Were recorded under section 161 of the Code of Criminal Procedure. Ameer Bakhsh was arrested whose bail plea has been rejected by the learned Additional Sessions Judge. He has filed this petition before this Court to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the record before me. Learned counsel for the petitioner argued that the petitioner took the law in his hands in furtherance of pure moral and ethical considerations in the Islamic State of Pakistan as a stranger Abrar Ahmad was present in the room of his house where his wife Mst.Khadija was lying with him on the same cot who could not restrain himself as it was a matter of adultery. He added that the petitioner is a person who can be termed to be "Ba-Ghairat" and he is not liable for capital punishment. On the contrary learned State counsel laid the emphasis that the petitioner is named in the F.I.R., who committed the double murder and, thus, is not entitled to be admitted to bail.
3. At this stage I would refer to the ruling printed as Liaqat Ali v. State (1994 PCr.LJ 2012) and I shall reproduce the following para. From the same:-- "Chapter IV (General Exceptions) of the Code is to be read in conjunction with substituted Chapter XVI. Section 76 provides that nothing is an offence which is done by a person in good faith believing himself to be bound by law to do it. Extending the analogy to the facts of the case in hand, one can prima facie say that the act of the petitioner in finishing Abdul Hameed deceased was rather in furtherance of the pure moral and ethical Islamic atmosphere in society when he proceeded to do away with the life of a Zani. Section 79 ibid also lays down that nothing is an offence which is done by any person who is justified by law to do it or in good faith believe himself to be justified by law in doing it. A Muslim on seeking a person committing Zina with a woman and that two of his own house, under Islamic Law, is justified to do away both."
4. The fact of the matter is that there was no motive on the part of Ameer Bakhsh petitioner- accused to have committed the intentional murder of his wife Mst. Khadija. I am tempted to express that in the circumstances of such like cases when the accused is none else than the husband of Mst. Khadija who was blessed with two sons and two daughters and yet committed adultery with the stranger in his house, if the "Ghairat" is not prompted and given the weight then apprehension cannot be ruled out that the close dears and nears shall become "Be-Ghairat" due to the fear of heavy punishment. In our Islamic society the morals of the society have always been given the weight. Rather the efforts are made to improve the moral values. Legally Ameer Bakhsh petitioner shall not be liable for the maximum punishment even if he is convicted. Keeping in view the very case of the prosecution, I hold that Ameer Bakhsh petitioner--accused is entitled to the discretion of this Court in this Islamic State of Pakistan so that the male person(s) remain "BaGhairat" instead of becoming "Be-Ghairat". On the aforesaid reasoning it is a fit case to admit Ameer Bakhsh petitioner to all than to detain him in jail.
5. For what has been, said above, I accept this application and admit Ameer Bakhsh petitioner- accused to bail in the sum of Rs,1,00,000 (Rupees One Lakh) with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Jampur, district Rajanpur with the direction to appear before the learned Trial Court on each and every date of hearing failing which the learned Trial Court may cancel his bail.