2012 PLP 754 (MLD)

ABDUS SATTAR ASGHAR, J.

Mst. Robina Kausar petitioner has sought pre-arrest bail in case F.I.R. No.1692 of 2011, dated 3-11-2011, in an offence under section 319 and later on added section 334 P.P.C., Police Station Ghulam Muhammad Abad, Faisalabad on the ground that she has been implicated with malice

2. As per F.I.R. lodged on the complaint of Muhammad Ashiq on 3-11-2011 at 1-20 p.m., allegation against the petitioner is that on 2-11-2011 at about 7 p.m. she accompanied the complainant and his wife Mst. Zainab Ashiq who had to deliver a child being taken to Allied Hospital, Faisalabad; that when the complainant along with his wife reached near Madanpura the petitioner/accused offered them to deliver the baby at her own clinic at Walipura and after taking the complainant's wife to her Clinic she tried to deliver the baby but failed; that thereafter the complainant took his wife to the Clinic of Dr. Ijaz at 4 a.m. who reported that the child had died at night due to mishandling by the accused/petitioner; that Dr. Ijaz operated upon the complainant's wife to deliver the baby and also removed her uterus.

3. It is argued by the learned counsel for the petitioner that she being neighbour of in-laws of the complainant on their asking associated them to take the complainant's wife to Hospital for the purpose of ultrasound etc; that as per ultrasound report conducted at 7 p.m. on 2-11-2011 the child was reported already dead; that the petitioner had neither operated nor handled the complainant's wife for delivery of the child rather complainant's wife was taken to the Clinic of Mst. Shama who mishandled the complainant's wife; that the complainant's wife was operated upon by Dr. Ijaz who delivered the dead baby and also removed the uterus of the complainant's wife; that the said Dr. Ijaz is not being interrogated by the police; that the petitioner is falsely implicated with malice.

4. It is resisted by the learned D.P.-G. for the State assisted by learned counsel for the complainant with the contentions that the report of ultrasound has been procured by the accused/petitioner with collusion and credibility thereof is yet to be determined during the course of evidence; that if the baby had already died in the uterus then there was no need to take the complainants wife to the house/clinic of the petitioner. It is further contended that the petitioner has not substantiated her plea of false implication.

5. I have given patient hearing to the counsel for the parties as well as the learned D.P.-G. for the State and perused the record.

6. Perusal of the record transpires that the factum of having obtained ultrasound test/report of the complainant's wife at 7 p.m. on 2-11-2011 from Rabia Ultraouns Clinic, Faisalabad is concealed in the contents of the F.I.R., rather it was obtained by the Investigating Officer during the course of investigation on 16-11-2011 which bears following comments:-- "Single foetus is seen, corresponds to 38 weeks (+ 2 weeks). Foetus is lying longitudinal, with cephalic presentation. Liquor is severely decreased. Foetal heart beat is absent."

7. Be that as it may, it is yet to be determined as to whether the petitioner had taken the complainant's wife to her home/clinic to attempt delivery of baby. It is also evident on the record that the prosecution has not yet associated Dr. Ijaz who allegedly had operated upon complainant's wife to deliver the dead body as well as removed her uterus. At present there is no confidence inspiring material available on the record to connect the petitioner with the offence under section 319 or 334, P.P.C. In the given circumstances petitioner's false implication cannot be ruled out. Therefore, the matter is necessarily a case of further inquiry.

8. For the reasons discussed above, this petition is accepted and the interim pre-arrest bail already allowed to the petitioner vide order dated 21-12-2011 is confirmed subject to her furnishing fresh bail bonds in the sums of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court. M.W.A./R-6/L Bail confirmed.