1. The case against the present two applicants Muslim-ur-Rahman alias Nang and Imdad Ali and others was lodged on 3-7-2001 vide F.I.R. No,114 of 2001 at Police Station Patio Akil. Besides the allegations of robbery of valuable property of the complainant, the allegation against applicant Muslim is that he killed Mst. Nihal Khatoon by firing at her from his gun while applicant Imdad Ali killed Mst. Sanam by firing from his pistol. Both the applicants were absconding and they were arrested on 5-8-2002. The bail of the applicants is being sought on the ground that both the P.Ws. Namely Saadullah and Munir Ahmed in their 164, Cr.P.C. Statements have exonerated them and a compromise application has been filed in the Court of Sessions Judge, Sukkur in which learned Sessions Judge has ordered for verification of legal heirs of the deceased from Mukhtiarkar, Pano Akil and a publication in a newspaper also.
2. The above referred 164, Cr.P.C. Statements of the two witnesses were recorded on 18-1-2002, after about six months of the incident which do not impress me to be truthful or genuine. Pressures on the prosecution witnesses is not an uncommon phenomenon. There still remain two more eye- witnesses namely Mst. Hakimzadi and the complainant. There is nothing A on record from their side. The applicants are assigned specific role of committing murders. ,Since there is a compromise application pending before the learned Sessions Judge as .Above said, it will be appropriate for the parties to get their compromise application decided by the learned trial Court which appears to be in its final stage. In view of the above this bail application is dismissed. Above are the reasons for my short order announced today in Court.