1. ' The facts leading to present application for bail before arrest are that on 19-8-1999, complainant Mahboob Ali son of Haji Jhangal Rind lodged F.I.R. At Police Station, Ghotki vide Crime No,215 of 1999 against the applicants/accused under section 302/34, P.P.C. The facts disclosed in the F.I.R. Are reproduced hereinbelow:-- ' "Complaint is that Mst. Bashiran aged 18 years is my daughter. About 4 years ago she was married to Ahsan Ali son of Ghulam Rasool Rind. She has no child. Yesterday morning Ahsan Ali Rind drove out my daughter Bashiran after levelling allegation of adultery with Sadoro son of Atal Rind. She came to my house and lived there. Today, I, my brother Mahmood and uncle Pahalwan son of Jaro Khan Rind and cousin Abdul Jabbar son of Muhammad Ibrahim Rind were sitting in my house. My daughter Bashiran was also there. At 1-00 p.m. Ahsan Ali with gun, Qurban Ali son of Makhno Rind with pistol, Ali Gohar son of Shar Muhammad Rind with Lathi broke the door of my house and came in the room. They challenged not to go near them as Bashiran was 'Kari' with Sadoro Rind and she would not be spared. Due to fear of weapons, we did not go near. Accused Ahsan Ali fired direct gun-shots at my daughter Bashiran which hit her. She fell down raising cries. Then accused Ahsan Ali and Qurban Ali went out firing in the air and raising slogans. We saw that Mst. Bashiran had two gun-shot wounds on chest. She was bleeding from the wounds and was dead. Leaving the above witnesses to supervise the dead body of Mst. Bashiran, I have come to lodge the report that the above accused in concert with each other being duly armed have committed the murder of my daughter by gun-shots on the false accusation of adultery justice be done."
2. ' The applicants/accused apprehending their imminent arrest at the hands of police, applied for pre-arrest bail before the learned Sessions Judge, Ghotki and the same was declined by impugned order, dated 31-10-2000.
3. ' I have heard Mr. Amanullah G. Malik, learned counsel on behalf of the applicants/accused and Mr. Sher Muhammad Shar, learned Assistant Advocate-General Sindh on behalf of the State The latter opposes the bail plea of the applicants/accused.
4. The perusal of the material placed on record shows that the names of the applicants/accused appear in the promptly lodged F.I.R. They barged in the house of complainant and killed deceased Mst. Bashiran on the ages old pretext/notion of "Kari" in broad daylight. The specific role of causing death of Mst. Bashiran has been ascribed to them.
5. ' The principles governing the grant of pre-arrest bail are that the applicants/accused have to show that the case was cropped up due to political wire-pulling, the arrest being tainted with mala fide and ulterior motives such as humiliation and unjustified harassment at the hands of police with intention to cause irreparable injury to the reputation and liberty of a person. The above ingredients are lacking in the present case.
6. ' The great stress has been placed on the affidavits filed by the complainant and prosecution witnesses wherein they have -exonerated the applicants/accused from the culpability of the charge.
7. It is well-settled that for the grant of bail, Court has to make tentative assessment of the evidence and any elaborate sifting of evidence is not warranted by law. Filing of the affidavits by the complainant and prosecution witnesses in support of the pre-arrest bail application of the applicants/accused suggests that they have been tampered/won-over.
8. ' In the case of Naseer Ahmed v. The State PLD 1997 SC 347, it was observed that the trend that eye- witnesses take a somersault and give statements which were different from the prosecution case and file affidavits at the stage of hearing of bail application with the intention of creating doubt in the prosecution case to enable accused to get the bail was deprecated.
9. It was further observed by the Honourable Supreme Court that Courts have to be very careful in such cases and see that bail applications are disposed of strictly according to law on merits keeping in view the distinction between tentative assessment and actual evaluation of evidence.
10. ' For the foregoing reasons, I am of the considered view that the E applicants/accused are not entitled to pre-arrest bail. Consequently, the bail application stands dismissed.