Law:

Section:

The petitioner namely Sohrab son of Nabban Chandio who is named in a case under section 302, Oisas and Diyat arising out of F.I.R. No.101 of 1993 dated 5-11-1993 registered at Police Station Sakrand, District Nawabshah seeks to be admitted to bail.   Prosecution story as narrated by complainant Jan Muhammad son of Ghous Bux, the brother of the deceased Khair Muhammad, is that the deceased was called by one Saleh (brother of the present applicant), to his house on some pretext. After 'a while when a gun shot was heard from that house, the complainant, the wife of the deceased Mst. Laila and mother-in-law of the deceased Mst. Soomri alongwith his cousin Bahero rushed to the place of incident where Saleh was found with a gun in his hand, his brother Khair Muhammad having a gun injury on his arm and Sohrab ( the applicant) was holding the injured. In their presence Saleh fired twice on the person of his brother Khair Muhammad who died at the spot. It was disclosed by Saleh and Sohrab to them that deceased was Karo (had illicit relations with one Mst. Zubeda, the wife of Saleh) so he had been murdered. Soon after that both the accused went inside a room of that house and killed Mst. Zubeda on the basis of allegations against her that she was a Kari (means having sexual relations with a person other than her husband). During the murder of Mst. Zubeda four gunshots were heard by the complainant and other persons who had accompanied with him. Hence the said F.I.R. was lodged by the complainant against both the accused for' murdering his brother Khair Muhammad and Mst. Zubeda (the wife of accused Saleh).   Bail application under section 497, Cr.P.C. on behalf of accused Sohrab Chandio was moved before the IIIrd Additional Session Judge, Nawab Shah on 28-12-1993 who rejected the same on the ground that the applicant had enabled and facilitated the co-accused for murdering two persons. Hence this application.   The learned counsel has sought bail on the ground that the applicant was empty-handed and the only allegation against him was that he was holding the deceased. In support of his contention, the learned Advocate for the applicant has relied…