2002 PLP 907 (YLR)

‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail, grant of‑‑‑Allegation against accused was that four days prior to the alleged occurrence there was some quarrel between complainant and daughter of accused‑‑‑Only statements of daughter of complainant and her husband had been recorded and no other material had been collected to connect accused with murder of the deceased‑‑‑Accused were behind bars 'since their arrest and though challan had been submitted in Court there was no likelihood of early commencement or conclusion of trial‑‑‑Case of accused being of further probe and inquiry, accused were admitted to bail. A.D. Nasim for Petitioner. Masood ul Hassan for the State. Rehmat Khan son of Rajey Khan and Anees Khan son of Rehmat Khan seek after ‑arrest bail in case F.I.R. No.147 of 2001 dated 19‑3‑2001 under section 302/34, P.P.C., registered with Police Station Saddar Gujrat, at the instance of Mst. Ghulam Fatima with the allegation of commission of murder of her daughter Rahila aged 6/7 years.

2. Precise allegation against the petitioner is that few days before the registration of the criminal case they was some dispute between the complainant and Mst. Uzma daughter of Rehmat Khan regarding the theft of ears‑rings which were returned to the complainant in broken shape. Therefore, the petitioners suspected commission of murder of Rahila whose body was found by the complainant in field near the Village Abadi.

3. Learned counsel for the petitioners and for the State have been heard exhaustively and record has also been perused.

4. The allegation ‑against the petitioners is only that there was some dispute between Mst. Uzma daughter of petitioner No.1 and sister of petitioner No.2 four days prior to the alleged occurrence. Only the statements of Bushra daughter of the complainant and Qasim her husband have been recorded and they have reiterated the allegation levelled in the F.I.R. during the investigation. No other material has been collected to connect the petitioners with the murder of Mst. Rahila. They were arrested on the same day when the case was registered i.e. 19‑3‑2001 and are in carceration since then. Although the challan has been submitted in the Court but there is no likelihood of early commencement or conclusion of the trial, therefore, the case of the petitioners is of further probe and inquiry. The petitioners are therefore, admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./R‑125/L Bail granted.