' The allegations against respondent No,1 in case F.I.R. No,88 of 1998, dated 22-3-1998, registered at Police Station Motra, under section 302/34, P.P.C. Is that while armed with .12 bore gun, he fired at Muhammad Ashraf, which fire hit him on his head and as a result of which he died at the spot.
Learned Sessions Judge allowed him bail on 12-4-1999 on the ground that during the investigation it transpires that the deceased was having illicit relations with Mst. Aasia, sister of accused and that the deceased was killed in the house of the accused indicating that he was on an illegal visit.
2. In this cancellation petition it is pleaded by learned counsel for the complainant that the allegations against the respondents are clear and direct and that he is attributed the only fire blow, which proved fatal. He submits that the learned lower Court could not have entered upon the appraisal of defence plea at the bail stage. Learned counsel for respondent No,1 of course supported the impugned order and has relied on section 100 and section 103, P.P.C. To argue that the right to kill the deceased was available in this case. He also pleaded that where two versions are possible it is a case of further enquiry.
3. Learned counsel has supported the cancellation by arguing that after investigation the accused has been challaned.
4. The perusal of the police file particularly Zimni, dated 8-4-1998, does show that number of persons examined by the Investigating Officer stated that the deceased was having illegal connection with Mst. Aasia. However, the Investigating Officer did conclude that it is the respondent-accused, who killed the deceased, may be under provocation. This is not sufficient to belie the direct allegations levelled in the F.I.R. The trial Court will see whether circumstances existed, which justified the killing of the deceased. On the present material, such conclusion is risky.
Prosecution witnesses have supported the allegations levelled in the F.I.R. It is repeated that these are direct and clear allegations.
5. In my opinion the reasons adopted by learned Sessions Judge for grant of bail are illegal.
Resultantly, I accept this application and cancel the to respondent No,
1. I further direct that he be taken in custody to stand his trial.