1. ' This is a petition for cancellation of bail granted to respondent Fidah Hussain by the First Additional Sessions Judge, Karachi in a case registered under section 364, P. P. C. For murder of one Mat. Farida.
2. Mst. Farida resided at Manghopir Karachi with two small children and her husband Ismail. On 14-7- 77 at 4 p. m., Mat. Farida was found present in the house; but at 5 p. m. She was found missing by her husband Ismail. Ismail then went for taking tea and returned a 7 p. m. And still his wife had not come back to the house though chappals and burp of Mst. Farida were found lying there. An F. I. R.
3. Was lodged with Manghopir Police on 15-8-1974 at 6-35 p.m. Respondent Fiddah Hussain who was the step-maternal uncle of Ismail suddenly disappeared from his house after report was lodged with the police. He was therefore, being suspected. It then transpired that Mst. Farida was last seen going to the house of respondent Fiddah Hussain who resided about 10 paces away in the same locality. On 15.8-1974 Fiddah Hussain was arrested while going to shrine of Shah Noorani at Lasbella about 90 miles from Karachi. He was interrogated and then he led the police to the compound of his house and pointed out a place which was dug out and the dead body of Mat. Farida was found lying buried 7 or 8 feet deep in the ground. The body was intact except the pinnae of both the ears.
4. Mst. Farida was wearing eight gold ballies and two ear rings at the time of her disappearance.
5. Respondent Fiddah Hussain then led the police and pointed out the pinnae or pieces of ears lying buried in a tin box. He also led the police to Hale and pointed one goldsmith from whom, it is said, gold bullies and ear-rings of Mst. Farida were recovered having been sold to him by respondent for Rs 1,200 or Rs, 1,500. This amount of cash had been recovered by the Police from the person of the respondent at the time of his arrest. There is thus considerable circumstantial evidence against the respondent in respect of this murder which was obviously committed for the purpose of removal of the gold ornaments which the deceased was wearing. It cannot therefore be said at this stage that the respondent on this evidence can be charged only with offence under section 201, P. P. C. Any further expression of A opinion may however prejudice a fair trial. It could only be stated at this stage that this was hardly a fit case for grant of bail. Mr. Baboo Bhai Huda appearing for the Advocate-General-supports the petition.
6. Bail granted to respondent Fiddah Hussain is accordingly cancelled until further orders, and the petition is allowed. The learned Additional Sessions Judge is directed to commence the proceedings and complete the same without any further delay within a period of six months.