1998 PLP 1564 (MLD)

Ch. Ghulam Meeran for Petitioner. Ch. Sana-Ul-Haq for the Complainant. Zafar Mehmood Anjum for the State. Muhammad Hussain petitioner has through this petition sought the indulgence of this Court for considering his case of the grant of bail in case F.I.R. No.65 of 1997 dated 20-4-1997 under section 302/201, P.P.C. registered at Police Station Gaileywal District Lodhran on the statement of Mst. Salma Bibi widow of Murad Ali deceased.

2. Briefly the facts of the case are that Noor Samad, father-in-law of Mst. Salina Bibi complainant owned land measuring 12-1/2 acres, out of which he had given 10 acres of land on lease to Allah Bux. Mst. Chanan Bibi, mother-in -law of the complainant intended to get the land of her husband transferred in her name on account of old age of her husband or to get it transferred in the name of her son Muhammad Hussain. On 19-4-1997 at about 7.00 p.m. the complainant alongwith her husband Murad Ali were sitting in the house of Jaffar Hussain where Muhammad Hussain brother of her husband also came there. The husband of the complainant asked Muhammad Hussain petitioner as to why he was getting the whole land transferred in his name. They had some altercation and whereafter Muhammad Hussain picked up a Sota and inflicted a blow on the head of Murad Ali, husband of the complainant. The complainant took her husband to her home, but on the following day he became serious and ultimately died.

3. Asghar Ali and Muhammad Din real brothers oaf the petitioner were also involved in the above case and they have been allowed bail by the learned Sessions Judge, Lodhran vide order dated 1,0-6-1997. The post-mortem of the deceased was conducted on 21-4-1997 and the viscera was sent to the office of the chemical examiner for analysis. The, report of the chemical examiner dated 1-10-1997 indicates that the contents contained insecticide and that the injury on the head is simple and has not been declared fatal. The investigation was conducted by D.S.P. who has recorded his findings in case diary dated 12-4-1998, whereby he has recommended discharge of all the three accused.

4. Learned counsel for the complainant and the State have argued the case and have prayed that the petitioner should not be released on bail as there is ample evidence tending to connect him with the offence, which is punishable with capital sentence.

5. On the other hand, learned counsel for the petitioner has urged that besides the findings given by the last Investigating Officer vide case diary dated 12-4-1998, the eye-witness of this case Mst. Manzoor Bibi who is sister of the deceased and wife of Jaffar Hussain another eye-witness of this case in whose house tile alleged occurrence is stated to have taken place have filed affidavit dated 17-3-1998 to the effect that no occurrence ever took place in their view and in their house. There is no evidence to connect the petitioner with the fact that he had administered the insecticide to the deceased. The injury attributed to the petitioner is simple and has not been declared as the cause of death. Under these circumstances, prima facie, there exist reasonable grounds for further enquiry in the case against the petitioner. He is allowed bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Trial Court. H.B.T./M-663/L Bail granted.