ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln. No.S-638     of  2011

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

15.12.2011.

1. For orders on office objections.

2. For orders on M. A. No.2727/2011.

3. For orders on M. A. No.2728/2011.

4. For Hearing.

Mr. Faiz Muhammad Larik, advocate for the applicants.

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1.                In view of the order that I propose to pass, office objection need not be decided.

2.                Granted.

3.                Granted subject to all just exceptions.

4.                In F.I.R No.29/2011 of PS Mirpur Buriro, District Jacobabad, it was alleged that Mst. Zeenat Khatoon was married with Abdul Aziz and was issueless.  The present applicants are stated to be nephews of Abdul Aziz.  On the material date, the complainant, father of the deceased, stated that he was in the house of his daughter and his son-in-law was not present there.  At about 7.00 p.m., the present applicants with three other persons came there.  Applicant No.1 is alleged to have asked Zeenat Khatoon to bring food and when stated that she had not cooked meals, he is alleged to have asked her that neither she has produced children, nor cooked food and thereafter while keeping the complainant party at bay by aiming their pistols at them three persons including the present two applicants are alleged to have strangulated and killed Zeenat Khatoon.

                   Learned Counsel submitted that it is not possible for three persons to strangulate one woman.  He also stated that the medical certificate be called and interim bail be granted.

                   I have considered the submissions made by the learned Counsel and have gone through the record.

                   F.I.R is promptly lodged and there is very clear allegation of murder by strangulation against the present applicants.  There presence at the place of incident is also not unnatural and same is the position of the complainant.  This is a pre-arrest bail application.  No ground for bail is made out.  Consequently, this application is dismissed.  However, the applicants shall be at liberty to move an application for bail after arrest, if they are taken into custody.

                                                                                                JUDGE