1987 PLP 1856 (MLD)

S.497--Penal Code (XLV of 1860), S.302--Bail, grant of--Petitioner allegedly responsible for abetment of murder of deceased on the basis of her extra-judicial confession coupled with judicial confession of co-accused--Witnesses of alleged extra-judicial confession having sworn affidavits disowning any extra-judicial confession having been made by her as alleged by prosecution--Petitioner, a woman, no corroborative evidence connecting her with murder forthcoming and question of her vicarious liability requiring further inquiry--Petitioner allowed bail, in circumstances. This is an application for bail be Mst. Bashiran petitioner in a case under section 302/34, P.P.C. registered at P.S. Saddar Khanpur vide F.I.R. 181/86. 2. The prosecution case is that Ghulam Haider and Shaukat Ali co-accused caused the death of Ramzan allas Jana on the instigation and with the abetment of the petitioner. 3. Learned counsel for the petitioner submits that there are not ,reasonable grounds to believe that the petitioner has committed the alleged offence; that there is no direct evidence of the commission of the crime and that the evidence collected by the police during the investigation fails to connect the petitioner with the murder of her husband Ramzan alias Jana. Conversely, the learned counsel for the State has opposed this application. 4.I have considered the submissions made by the learned counsel for the parties with care. Abdul Rahman Inspector/ Investigating Officer states that during the investigation, the police has collected evidence of extra-judicial confession made by Mst. Bashiran before Faiz Ahmad and Hazoor Bakhsh P.Ws. and that Ghulam Haider and Shaukat Ali co-accused in their judicial confession have stated that they had killed the deceased at the instance and with the abetment of the petitioner who had supplied hatchet to them for doing away with the deceased. Faiz Ahmad and Hazoor Bakhsh, the witnesses of alleged extra-judicial confession have sworn affidavits to the effect that Mst. Bashiran petitioner had not made any extra-judicial confession of the murder of the deceased before them. They are very much present in the Court and own affidavits. That being the position, the remaining evidence against the petitioner consists of judicial confession of the two co-accused namely Ghulam Haider and Shaukat Ali which can only be used as a circumstance against her. There being no other corroborative evidence connecting her with the murder, I feel that the question of her vicarious liability needs further inquiry. Furthermore she being a woman, her case falls within the proviso to section 497, Cr. P. C. For what has been said above, Mst. Bashiran petitioner is allowed bail in the sum of Rs.20,000/- (Rupees twenty thousand with one surety in the like amount to the satisfaction of A. C. /,Deputy Magistrate, Khanpur. S.G.D./B-28/L Bail granted.