1998 PLP 2059 (MLD)

Ch. Arshad Mehmood for Petitioner. Radar Munir for the State. Liaqat Ali alias Pappu petitioner, aged about 21 years was arrested on the 4th of April, 1996, in pursuance of a case registered vide F.I.R. No.56 of 1996, dated the 18th of March, 1996, under section 302/34, P.P.C. at Police Station Raja Jang of District Kasur, regarding an occurrence which allegedly took place much earlier on the night between the 25th and 26th of January, 1596 in the house of Mst. Ramzan Bibi deceased in the area of village Raja Jang, which is about 3 furlongs from Police Station, Raja Jang of District Kasur, where, the F.I.R. was lodged on the 18th of March, 1996, by Mst. Mukhtar Akhar, daughter of Mst. Ramzan Bibi, deceased.

2. According to the complainant, she found her mother dead on the night between the 25th and 26th of January, 1996 with marks of violence around her neck. Co-accused Shaheen Kausar, a sister in law of the complainant disclosed after considerable time that actually Liaqat Ali petitioner had an illicit liaison with her and had to meet her on the night of the 25th of January, 1996 when he was seen by Mst. Ramzan Bibi deceased and in order to hush up the affair, Liaqat Ali petitioner caused the death of Mst. Ramzan Bibi by strangulating her.

3. There seems to be no direct evidence available regarding the death of Mst. Ramzan Bibi deceased. The only evidence available against Liaqat Ali petitioner is an extra-judicial confession, the evidentiary value of which will be determined by the Trial Court.

4. The Bacteriologist of the Government 'of the Punjab was unable to express any definite opinion regarding the cause of death The doctor, who performed the post-mortem examination on the dead body of Mst. Ramzan Bibi on examination was also in a position to give any definite opinion and concluded by observing that most probably the death may have occurred on account of 'Asphyxia'.

5. Be that as it may, from the material collected by the prosecution against the petitioner reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist within the meaning of subsection (1) of section 497, Cr.P.C. However, there may be grounds for further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles the petitioner to the grant of bail. Resultantly, Liaqat Ali petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Trial Court. N.H.Q./L-28/L Bail granted.