1. ' This is a bail application in connection with Crime No,33 of 2001 for offence under section 302, P.P.C.
2. ' It seems that on 5-5-2000, Ghulam Shabir brother of the complainant alongwith his brother-in- law Muhammad Bux Khokhar went with family members to attend the marriage ceremony. On 6- 5-2000 at about 8-30 p.m. Muhammad son of Mithal and Muhammad Bux Khokher brought the dead body of Ghulam Shabir in Ambulance and informed the complainant that he had suddenly died between 7 to 8 p.m. That dead body was not burried and they noticed that green coloured water and blood was coming out from the mouth and the nose of the deceased and dead body had become blackish. The deceased was burried on 7-5-2000. After some days, the complainant came to know that his brother Ghulam Shabir had been murdered by Muhammad Bux Khokhar by poisoning. He submitted an application to the Deputy Commissioner and the S.H.O. Proceeded to examine the dead body in the presence of the Magistrate. A team of the doctors examined the deceased and conducted a post-mortem. The Chemical Examiner at Sukkur Rohri was asked to give the opinion as to the cause of the death and according to the F.I.R., the deceased had died due to poisoning.
3. ' The applicant was arrested after investigation and challaned. The application for bail was refused by the trial Court and hence this application has been moved for grant of bail. It was urged that the applicant had been falsely implicated. It was further urged that the F.I.R. Was registered after two months and twenty-three days and that there was no motive attributed to the applicant for killing Ghulam Shabir. As per the F.I.R. There is no eyewitness. Even if chemical report was to be believed anybody could have poison Ghulam Shabir. It is an unwitnessed crime. Even complainant has not seen the offence being committed. It is further urged that the samples taken from the exhumed body were despatched to the Chemical Laboratory on 14-6-2000 but were received by the Chemical Laboratory on 19-6-2000. According to the counsel for the applicant this creates a serious doubt about the authenticity of the certificate. Be that as it may even if it is accepted that the deceased was poisoned. The poisoning has to be proved. It has also to be proved that the applicant had a motive for poisoning the person nothing has been brought forward in the F.I.R. Or other papers. The counsel relied upon the following case laws:--
(1) Karim Haider and others v. The State 1986 SCM R 938, (2) Muhammada v. The State 1986 PCr.LJ 1103, (3) Muhammad Hussain v. Afzal Ahmed and another 1995 SCM R 932, (4) Jehangir and others v. The State 1996 PCr.LJ 283 and (5) Ghulam Mustafa alias Sathi and others v. The State 2000 PCr.LJ 2053.
4. ' Because of the above reasons by a short order bail was granted on 30th March, 2001 and the above are the reasons.