2012 PLP 2414 (YLR)

SHAHID HAMEED DAR, J.

Farhan (petitioner) seeks bail after arrest in case F.I.R. No. 418 of 2011 dated 12-11-2011 under sections 302, 392, 411 P.P.C. registered at Police Station Chinab Nagar, District Chiniot.

2. It is a case of circumstantial evidence mainly hinging at the evidence of test identification parade held on 3-12-2011 during the course of which Farhan (petitioner) was correctly picked-up by witnesses Muhammad Azam and Ahmad Ali, the evidence of last seen, presented by witnesses Ahmad Ali and Muhammad Azam whose names stand mentioned in the supplementary statement of the complainant made by him on 13-11-2011 during the course of investigation; to the effect that they had noticed the presence of three men and a woman (without naming them) at about 8/8-30 p.m. at the outer door of the house of the deceased besides, the evidence tendered by Shabbir Ahmad Butt and Mubashar Ahmad, the cited witnesses in the F.I.R. who stated before the I.O. that they had , seen a motorcycle going towards Sahiwal Road at about 1-00 a.m. at the fateful night, coupled with the evidence of recovery of two gold rings and a DVD player at the instance of the petitioner on 18-12-2011 when he was on physical remand.

3. The deceased lady was 80 years of age. Her dead body did not bear any injury mark(s) and the medical officer was constrained to defer the cause of death until receipt of requisite reports from the office of Chemical Examiner and that of the Bacteriologist/Histopathologist. The above reports have been received, one, released by the office of Chemical Examiner is negative in nature as poison was not detected in the interval viscera of the deceased nor the vaginal swabs were found with semen and the other one relating to the office of Bacteriologist/Histopathologist reads as under:-- "AUTOPSY HISTOPATHOLOGICAL REPORT" Received Specimens: Received whole heart, portions of lung, brain, one kidney. Histological Feature: Histological examination of heart sections reveals advanced atherosclerotic changes in the coronaries. The myocardial sections reveal one area of fibrosis others are unremarkable. The lung sections reveal mild vascular congestion. The brain, and renal sections are unremarkable." On receipt of the above reports following cause of death, in respect of the ill-fated lady has been recorded by the medical officer who performed autopsy on. the dead body of the said deceased: Final Opinion. P. M. R 36/2012 dated 12-11-2011. In view of my P.M.P. 36/2012, Reports of Chemical Examiner, and Forensic Histopathologist, LHR. (Original copies of both attached), after endorsement in my opinion, the cause of death is ischaemic heart disease. However the possibility of psychogenic stress due to robbery leading to myocardial infraction cannot be ruled out. Duration = 0 -15 minutes. " The above said remarks of the medical officer have not removed the haziness and uncertainty hovering over the cause of death of the deceased lady. The earlier part of the above opinion pertains to a heart disease called ischaemia which relates to localized blood deficiency caused by constriction or destruction of blood vessels that supply blood to that area, whereas latter part of the opinion shows an element of speculation/estimation on the part of the autopsy performer which inclines more towards the circumstantial evidence, to be led by the prosecution at trial, rather than exhibiting an expert opinion. Speaking in medical terminology myocardial relates to, myocardium which stands for muscular layer of heart, derived from endocardial cells and its infarction means sudden inadequate supply of blood to a certain area resulting in cell death or an injury to the tissues. The term myocardial-infarction defines a heart attack, during the course of which severe reduction in blood supply to a portion of myocardium takes place owing to arterloscerlosis, thrombus formation-and other physiological disorders leading to death of myocardial cells and formation of necrotic area. The above said opinion of medical officer in respect of cause of death of the deceased does, not establish in categorical terms that Mst. Umat-ul-Majeed (deceased) had met an unnatural death. The equivocation or the obscurity in this regard however can only be removed by the prosecution during the course of the trial after the prosecution would produce some relevant/determining evidence in respect thereto. The ambivalence, as noted above was the determining factor when Mst. Atiya Bibi a co-accused of the petitioner was granted post-arrest bail by this Court vide order dated 3-5-2012 passed in Criminal Miscellaneous No.4590-B of 2012. The identification of the petitioner at test identification parade by the above named witnesses does not divulge any role, allegedly played by the former, at the time of the occurrence. The evidence of the alleged recovery of two gold rings and a DVD player on 18-12-2011 at the instance of the petitioner sounds a bit insignificant, at this stage, for the reasons supra. The accumulative effect of the discussion made hereinabove is that the petitioner's case calls for further probe into his guilt as contemplated under section 497(2), Cr.P.C. Therefore, the instant application is accepted and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the slim of Rs.2,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court. MWA/F-291L???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.