2011 PLP 193 (YLR)

SARDAR MUHAMMAD SHAMIM KHAN, J.

Muhammad Asad Bilal, the petitioner seeks his post arrest bail in a case registered against him vide F.I.R. No.134 of 2009, dated 11-5-2009, offence under sections 302/376/34 of P.P.C. Police Station Saddar Dunyapur, District Lodhran.

2. Instant F.I.R. was lodged on 11-5-2009 at about 11-30 a.m., on the basis of written application submitted before the police by the complainant Muhammad Shahbaz, with the allegation that on 10-5-2009 at about 3-00 p.m. her daughter Mst. Yasmin went outside the house who did not return. He, his son Muhammad Iqbal and Abdul Ghaffoor kept on searching her but she could not be traced. On 11-5-2009 at 10-00 a.m., they received information that a dead body is available in the Canal and when he went there, he saw that it was the dead body of his daughter Mst. Yasmin.

3. Learned counsel for the petitioner submits that the petitioner is not nominated in the F.I.R. that the petitioner was implicated in this case on the basis of supplementary statements of Muhammad Iqbal and Abdul Ghaffoor P,Ws., recorded on 11-5-2009 and according to version of both these P.Ws. they on 10-5-2002 at about 3-15 p.m. when were passing through the house of their uncle Muhammad Sharif, they heard the cries of one woman from the BAITHAK. The door of the window was opened and from there they saw that Muhammad Akmal co-accused and Muhammad Asad Bilal petition were committing the murder of Mst. Yasmin by strangulation. Learned counsel for the petitioner submits that the supplementary statement of both P.Ws. is not believable as it is very much clear from the contents of the F.I.R. that both aforementioned P.Ws. kept on searching Mst. Yasmin but she could not be traced and on the following day i.e. 11-5-2009 the dead body of Mst. Yasmin was found from a Canal and this supplementary statement of aforementioned P.Ws. is totally on the basis mala fide. Learned counsel for the petitioner submits that the petitioner was arrested on 28-5-2009 and he is behind the bars for the last about 11 months without trial. Learned counsel for the petitioner further submits that the petitioner is minor and he would be tried under Juvenile Justice System Ordinance, 2000 as a Medical Board for determination of his age was constituted and according to the opinion of the Medical Board the age of the petitioner was declared about 17/18, years. Learned counsel has produced the order of Learned Addl. Sessions Judge, Dunyapur dated 31-7-2009 who Directed the S.H.O. Police Station Saddar Dunyapur, District Lodhran to prepare separate challan to the extent of the petitioner under Juvenile Justice System Ordinance, 2000. Due to the above mentioned submissions, learned counsel for the petitioner submits that the petitioner be admitted to bail as trial in this case has not yet commenced.

4. Learned Law Officer has opposed this bail petition on the grounds that the petitioner was subsequently nominated by the P.Ws. Muhammad Iqbal and Abdul Ghaffoor in their supplementary statement; that the offence falls within the purview of prohibitory clause of section 497 of Cr.P.C. so he prayed for rejection of the bail petition.

5. I have heard the arguments advanced by the learned counsel for the parties and gone through the record.

6. This case was registered on the basis of written application submitted by the complainant on 11-5-2009 at 11-30 a.m. and till that time the version of the complainant is that Muhammad Iqbal who is son of the complainant and Abdul Ghaffoor who is cousin of the deceased kept on searching Mst. Yasmin but she could not be traced. So the version of Muhammad Iqbal and Abdul Ghaffoor P. Ws. in their supplementary statement dated 11-5-2009 that on 10-5-2009 at 3-15 p.m. they themselves saw the petitioner and A co-accused Muhammad Akmal were committing the murder of Mst. Yasmin through strangulation, requires further inquiry. The perusal of the file shows that the police recorded the statement of aforementioned P. Ws. Abdul Ghaffoor and Muhammad Iqbal after the post-mortem examination, regarding identification of dead body of Mst. Yasmin by them and there-after regarding taking of last worn clothes of the deceased by the police in their presence. In such statement they did not depose to have seen the petitioner andhis brother committing murder of Mst. Yasmin. The petitioner is juvenile and he is behind the bar for the last about 11 months without any trial. Admissibility of the supplementary statements of the P.Ws. would be seen at the time of the trial.

7. For what has been discussed above, I find that this is a case of further inquiry regarding the guilt of the petitioner in the commission of offence. This petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-526/L Bail allowed.