2004 PLP 321 (MLD)

Zafar Iqbal Chohan for Petitioner. Muhammad Ishtiaq Chaudhry for the Complainant. Mushtaq Ahmad Bhatti for the State. Date of hearing: 22nd May, 2002. Through this application under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No. 229 registered on 24‑4‑2001 under sections 302/324/34, P.P.C. with Police Station Mughalpura, Lahore, on the statement of Mst. Rehana wife of Sh. Muhammad Moeen and it has been alleged in the F.I.R. that on 23‑4‑2001 she was present in her house. According to her at about fifteen days ago an altercation had taken place between her and Muhammad Umar and his wife Rifat due to which reason, Mst. Rehana claimed that she went to the house of her mother but subsequently Sadiq and his wife Mst. Nagina intervened and patched‑up between Mst. Rehana and her husband Moeen, therefore, she was beaten and threatened that her legs will be broken, where-after they were on the roof. Mst. Shah Jehan caught hold of her and Mst. Rifat also caught hold of her, Umar threw kerosene oil on her whereas Moeen set her on fire and she fell down whereafter he threw water on her. Umar had pressed her chest and the deceased became' unconscious but when she came in senses had found her in the Mayo Hospital. This statement was recorded on 24‑4‑2001 and subsequently said Rehana died due to the burning whereupon offence under section 302, P.P.C. was added.

2. Learned counsel for the petitioner contends that the petitioner has been alleged to have thrown kerosene oil on her body and Moeen co- accused is alleged to have set her on fire. Learned counsel for the petitioner contends that deceased was taken to Shalimar Hospital by her husband as the occurrence had admittedly taken place in the house and at the time of arrival in the Shalimar Hospital. It was mentioned by the doctor that she was conscious and it has been mentioned in the history column intentional suicide attempt by putting kerosene oil. It is further contended that when the deceased was shifted to Mayo Hospital it was again mentioned a case of suicide by putting kerosene oil after the fight with her husband. It is further contended that F.I.R. has been lodged on the basis of the statement recorded after getting the certificate of fitness of making of statement by Mst. Rehana on 24‑4‑2001. This certificate has been obtained by some police officer at 10 p.m. while at 8 p.m. Dr. Rabia had given a certificate that the complainant deceased was not fit to make a statement. It is further contended that application was moved by father of the petitioner Muhammad Bakhsh to know whether any application was moved by Muhammad Latif, S.I. and as to which doctor declared the complainant fit to make statement and the Registrar, Burn Unit, Mayo Hospital reported that "No signed any application of police recommended and forwarded", and inference can easily be drawn that the statement of the deceased/complainant is concocted story. It is further contended that it is a case of further inquiry and is covered by subsection (2) of section 497, Cr.P.C. Lastly it is contended that A.S.P. Police in the last investigation has found it is a case of suicide but even then has challaned the petitioner and his co‑accused by putting them on the mercy of the Court.

3. Learned counsel for the complainant has opposed this bail application on the ground that the petitioner is involved in a case falling within the prohibitory clause. Sufficient grounds exist to believe that the petitioner is guilty of offence which, is punishable with death or transportation for life. It is further contended that there is no previous enmity between the parents of the deceased and the petitioner's family hence there are no circumstances of false implication of the petitioner in this case. He further contends that the dying declaration of Rehana Bibi was recorded in which she hag named the petitioner as accused person that she has been burnt with the active connivance of the petitioner. It is further contended that the petitioner is attributed to specific role of sprinkling the kerosene oil and is not entitled to the grant of bail.

4. I have heard the learned counsel for the parties and also perused the record. At the earlier stage when the deceased was taken so Shalimar Hospital she was found conscious and it has been mentioned in the column of the history of the patient that it is intentional suicide attempt by putting kerosene oil on the body. Same history of the complainant continued in the Mayo Hospital and it has been mentioned that the patient was in her usual state of health 2 hours before when after a fight with her husband she put Kerosene oil over her clothes and burnt herself. According to the certificate of Dr. Rabia at 8.p.m. on 24‑3‑2002 the patient was not found fit for making statement but after 2 hours some certificate has‑been issued to the police officer by finding the deceased fit to make the statement. Due to these circumstances it is a case or further inquiry that whether 'Rehana has committed suicide or she has been murdered by her husband and the petitioner. Case of the petitioner is covered by subsection (2) of section 497, Cr.P.C. He is admitted to bail in the sum of Rs. 1 lac with two sureties each in the like amount to the satisfaction of learned Trial Court. H.B.T./M‑2425/L Bail granted.