1976 P Cr (PLP)

On the statement of Muhammad Iqbal since allegedly killed F.I. R. No. 107 dated 11‑5‑1975 was registered at police station Gogera District Sahiwal in which Amjad Tufail and Manzoor Ahmad were named as accused for having committed offences under section 302/365/34, P P. C. It was alleged that on 11‑5‑75, the aforementioned accused after abducting one Wasawa took him to the house of Mst. Irshad Begum peti tioner where Amjad Tufail fired from his gun which hit Nathu who suffered injuries and died in the hospital at Lahore on 13‑5‑1975. On completion of investigation police challaned Amjad Tufail and Manzoor Ahmad and the Court took cognizance, on 4‑7‑1975. It may be mentioned that after the death of Nathu the offence originally registered under sec tion 307 was converted into section 302 read with section 34, P. P. C. apart from the offence originally mentioned under sections 365/34, .P. P. C. On 28‑8‑1975 Wasawa aforementioned who suffered fire‑arm injury at the hands of Amjad Tufail filed a private complaint in which he accused Mst. Irshad Begum petitioner. This private complaint was filed against Amjad Tufail, Manzoor Ahmad, Mst. Irshad Begum petitioner and Mukhtar‑ud‑Din Ahmad. D. S. P. It was filed for offences under sections 302‑307‑365‑201‑109 read with section 34, P. P. C. After recording preliminary evidence on 30‑8‑1975, Mr. Muhammad Tariq, Magistrate Ist Class, Sahiwal issued non‑bailable warrants against Mst. Irshad Begum petitioner and other three accused named in the private complaint for appearance in n Court on 10‑9‑1975. Consequently Mst. Irshad Begum filed this petition under section 498, Cr. P. C. for her anticipatory bail. The learned counsel for Wasawa complainant has submitted that according to the allegations contained in paragraph 8 of the private complaint filed in Court Mst. Irshad Begum petitioner abused and called names to the detenu and the deceased a she exhorted Amjad Tufail upon which the later fired from his gun hitting Nathu deceased ; and under her orders Wasawa in injured condition was taken inside her house and was detained there. He has argued that not only a case under section 109, P. P. C. but a case against the petitioner under section 34 and/or under section 37, P. P. C. is made out.

3. On an application under section 498, Cr. P. C. for anticipatory bail this Court granted interim bail to the petitioner on 8‑9‑1975. She is a woman and her case is covered by proviso to section 497 (1) and that the case against her is of further enquiry falling under section 497(2), Cr. P. C. because she was arrayed as accused fax the private complaint on 28‑8‑1975 for art occurrence which had taken place on 11‑5‑1975, Therefore, the interim bail granted to a petitioner is hereby confirmed. Bail allowed.