1992 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302/34/109‑‑‑Bail, grant of‑‑‑No direct evidence of participation of accused in commission of crime was available‑‑‑Except statement of one person who claimed to have heard accused telling co‑accused to commit murder of deceased, no further evidence was showing implication of accused in commission of crime‑‑‑Accused was an unmarried young girl‑‑‑In absence of reasonable grounds against accused to have committed offence, accused was allowed bail. Muhammad Ashraf Bajwa assisted by Sh. Mahmood Ahmad for Petitioner. Arshad Khan for the State. Arif Mahmood was engaged with Mst. Safeena. It was reported that she was unhappy over the engagement as she was carrying on with Shahbaz and Hanif. When the parents of Arif Mahmood enquired from the parents of Mst. Safeena, they satisfied them that everything will be alright and they will be married after Eid. Two days before Eid, Shahbaz went to the house of Arif Mahmood and knocked at the door. Arif Mahmood came out. Shahbaz told him to abandon the idea of marrying Safeena. He was told to go away. He started back on the motor‑cycle. He was seen picking up Safeena standing at some distance. On the day of occurrence, there was knock at the door early in the morning. Arif Mahmood went out. There was a fire shot. Rafiq Ahmad and Ghulam Rasool uncles of the Arif Mahmood came out and saw Arif Mahmood lying on the ground in injured state. They saw Shahbaz and Hanif running away on the motor‑cycle. Shahbaz was holding a pistol. The occurrence had taken place at 4‑10 a.m. on 5‑4‑1991. It was reported on the same day at 6‑OS a.m. It was alleged in the F.I.R. that Mst. Safeena had got Arif Mahmood murdered.

2. During investigation, statement of one Zulfiqar was recorded. He claimed that in his presence Mst. Safeena had told Shahbaz and Hanif to commit the murder of Arif Mahmood. Safeena was arrested during investigation. She stands challaned under section 302/34/109, P.P.C. alongwith other accused. She has moved for grant of bail.

3. There is no direct evidence of participation of Safeena in the commission of crime. In fact, except the statement of Zulfiqar who claimed to have heard Safeena telling Shahbaz and Hanif to commit the murder of Arif A Mahmood, there is no further evidence showing implication of Safeena in the commission of crime. She is unmarried young girl. Reasonable grounds do no, appear against her to have committed the offence under section 302/34/109,1, P.P.C. She is, therefore, allowed bail. She will be released on bail on her furnishing bail bond in the sum of Rupees twenty‑five thousands with two sureties, each in the like amount, to the satisfaction of A.C. City, Lahore. H.B.T./S‑15/L Bail granted.