2013 PLP 2522 (YLR)

SHAH JEHAN KHAN AKHUNDZADA, J.

Accused-petitioner Mst. Nageena facing charge of murder in case F.I.R. No.125 dated 5-3-2013 under section 302/34, P.P.C. registered at Police Station, Akora Khattak District Nowshea was refused bail by the learned Courts below hence, she has come to this Court for the same prayer.

2. Short but essential facts of the case are that on 5-3-2013 Muhammad Naz Khan, A.S.-I. was on routine 'gasht' and received information that a male dead body is lying in a well in the vicinity of fields of Tailyan Krapa situated within the limits of Police Station Akora Khattak. On receipt of this information he with the help of the inhabitants of the village took out it from the well but his head was missing and the said dead person probably 40/45 years of age. He drafted murasila to this effect on the spot and sent it to Police Station Akora Khattak for registration of the case and he after preparing the injury sheet and inquest report also sent the dead body to the mortuary for post-mortem examination. On the basis of the said murasila, case vide F.I.R. No. 125, dated 5-3-2013 was chalked out. Subsequently, on 9-3-2013, Zia Ullah Khan son of the deceased has charged Mst. Nageena, accused-petitioner along with her other co-accused for the murder of his deceased father in his statement before the learned Illaqa/Judicial Magistrate recorded under section 164 Cr.P.C. for the murder of the deceased.

3. I have heard the learned counsel for the parties and have gone through the record of the case.

4. It is settled principle of law that at bail stage the material available on record is to be sifted in order to establish whether the accused-petitioner before the court can be connected with the offence in question or not. Thus, no detailed inquiry is to be carried out by the court because all these factors would be proved or disapproved at the trial stage.

5. Perusal of the record shows that while concluding the facts and circumstances of the case, it is clear that the instant occurrence is unseen occurrence. Accused-petitioner has not been charged in the F.I.R. but she was named by one Zia Ullah Khan son of the deceased in his statement under section, 164 Cr.P.C. in the court of learned Illaqa Magistrate on 9-3-2013 after a delay of five days of the recovery of the dead body of his father, the authenticity, veracity and evidentiary value of which is yet to be seen by the trial Court. Moreover, Zia Ullah Khan has given no source of information regarding his satisfaction for involvement of the accused-petitioner and per contents of the F.I.R., the complainant is also not an eye-witness of the occurrence. It is true that in the instant case father of the complainant has lost his life but the question is as to whether sufficient incriminating materials are available on file on the basis of which reasonable grounds do exist to believe that the accused-petitioner is connected with the commission of offence or not. Since no eye-witness of the occurrence is available and accusation against the accused is of general nature and no specific role had been assigned to her. Thus, at present, prosecution has not placed any reasonable/ sufficient incriminating materials which could suggest that there appears reasonable grounds for believing that the accused-petitioner is connected with the offence charged with, but there are grounds to further probe into the guilt of the accused-petitioner. Hence, due to above reasons case of the accused-petitioner falls within the provision of subsection (2) of section 497, Cr.P.C. which entitles the accused-petitioner to be granted concession of bail. Moreover, accused-petitioner is a woman and thus, she is also entitled for the grant of bail under the first proviso of sub section (1) of section 497, Cr.P.C.

6. So, in view of the above discussion, case of the accused-petitioner arguable for the purpose of bail. Hence, this bail application is accepted and accused-petitioner is admitted to bail provided she furnishes bail bond in the sum of Rs.100,000 (rupees one lac) with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate, who shall ensure that the sureties must be local, reliable and men of means.

7. Above are the reasons of my short order announced on 21-5-2013. MWA/307/P Bail granted.