2004 PLP 1094 (YLR)

The facts of the case, as appear from the record, are that deceased Mst. Zarina, a mother of three kids, was living with her husband Muhammad Khan. Due to ailment she had been visiting Karachi Psychiatric Hospital. The principal drug prescribed for her was Phenobarbiton. On 16-1-2003 Muhammad Khan, the father of Mst. Zarina made an application to T.P.O. Baldia Town stating therein that on 15-1-2003 Mst. Lal Bibi and her husband Bin Yamin, the father and mother of the husband of Mst. Zarina had brought her at his house holding her by arms and informed him that her condition had deteriorated after they administered her a medicine, therefore, she should be taken care of. Leaving Mst. Zarina there. Mst. Lal Bibi and her husband Bin Yamin both departed. This was witnessed by Anar Khan, a relative of the father of Mst. Zarina who was available in his house. It was alleged in the application that soon after that Mst. Zarina went unconscious and was rushed to Murshid Hospital. From there she was referred to Civil Hospital in the evening at about 7/8-00 p.m. where Sub-Inspector Ghulam Sarwar had come to record her statement but she was unconscious and he (father) did not request for any action thinking that Mst. Zarina herself would get her statement recorded on regaining the consciousness. However, Mst. Zarina could not survive. It was further alleged in the application that Lal Bibi and her husband Bin Yamin had administered poison to Mst. Zarina for getting rid off her as they had been expressing that they were sick of her ailment and wanted to get rid off her. The contents of the application were incorporated under section 154, Cr.P.C. on 17-1-2003. After registration of the case investigation was started. Autopsy of the dead body was not conducted and only samples of blood and gastric-wash were sent for chemical examination. The report of Chemical Examiner was in negative in respect of the poison. However, the medico-legal certificate issued by Civil Hospital authorities indicates "intake of some poisonous drug" as cause of death. During investigation statement of Anar Khan was recorded on 18-1-2003 and the statements of Mst. Hayat Bibi and Sultan Sikandar were recorded on 19-1-2003 and then the statements of Ubedullah and Ziaullah were recorded on 31-1-2003. After the, investigation Muhammad Khan, the husband of deceased Mst. Zarina and his father Bin Yamin were sent for trial whereas his mother Mst. Lal Bibi was shown as absconder. Bail plea of Muhammad Khan and his father Muhammad Yamin could not succeed before the learned trial Court, therefore, present application has been filed. Applicant's learned Advocate pressed the application of Muhammad Khan alone. It has been contended on behalf of the applicant that the. F.I.R. itself does not indicate any difference behind the deceased and her husband. Nor it shows that the deceased implicated him. He further contended that husband had been getting her treated from the Doctors. Mst. Zarina, being psycho patient, appears to have herself taken over doze of the drug which became cause of her death. The learned Advocate further contended that the report of Chemical Examiner does not indicate the presence of poison in the blood and gastric wash, therefore, the story about poisoning is also not supported. Complainant's learned Advocate opposed the bail plea saying that two witnesses namely Mst. Hayat Bibi and Sultan Sikander witnessed the actual administration of the poison by all the three accused and then two others independent persons namely Ubedullah and Ziaullah saw them dragging her to the house of her father, complainant Muhammad Khan, which all furnishes reasonable grounds to believe them to be guilty of the charge. Learned State Counsel also opposed the bail plea for the same reason. So far the cause of death is concerned, that will become clear during the trial. However, it is apparent that the death was unnatural. As concerns the role of Muhammad Khan applicant, the application made by the complainant on the basis whereof the F.I.R. was registered does not indicate any criminal role of this applicant. It was first I time on 18-1-2003 and thereafter when he was implicated by Anar Khan, Mst. Hayat Bibi, Sultan Sikander and others. Since he was not implicated in the first version advance by the complainant and also the contents of F.I.R. show that the deceased also did not implicate him, the applicant Muhammad Khan has a case for bail. Learned counsel for the applicants does not press the application of Bin Yamin for the time being stating, that he shall file the application after some of the material witnesses are examined. Therefore, his bail plea is dismissed for the time being as not pressed. In view of the above, bail is granted to applicant Muhammad Khan. He shall be released on furnishing surety in the sum of Rs.1,00,000 with P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./B-5/K Bail granted.