2018 PLP 1007 (MLD)

OMAR SIAL, J.

This application has been filed by applicant Adam Khan seeking his post arrest bail in crime number 95/2015 registered under sections 302, 34, 338-A, P.P.C. at Police Station Ranipur.

2. Brief facts of the case are that on 28-6-2015 one Arz Mohammad Marri lodged an FIR stating therein that his daughter, Bakhtawar married the applicant Adam Khan and from the wedlock had three children. Adam Khan started maltreating Bakhtawar and would often not give her permission to visit her father's home. On 27-6-2015 Bakhtawar sent a message to Arz Mohammad that she had a danger to her life from her Adam Khan. On receipt of this information, Arz Mohammad together with his two sons, named Allah Dino and Muhammad Rafiq headed to Adam Khan's home. At 11:00 p.m. when they reached outside his home they heard cries from inside the house. They entered the house and saw that Adam Khan, Qurban Ali, Imam Ali and Ali Mohammad were strangulating Bakhtawar. Upon seeing the complainant party, all the four persons left the premises, Bakhtawar died on the spot.

3. I have heard the learned counsel for the Applicant as well as the learned APG. The learned counsel of the complainant remained absent despite being at notice. My observations are as follows. i. The prosecution story regarding four brothers jointly strangulating the deceased requires further enquiry as to its veracity. Prima facie, it appears odd that one girl was being jointly strangulated by four adult men. It also seems odd that in spite of cries of the deceased, which coincided with the arrival of the complainant party, no other person from the adjoining houses was present to witness the incident or its aftermath. At this stage throwing the net wide cannot be ruled out. ii. There is no specific role assigned to any accused. It has been stated in the FIR that all the four accused were seeing strangulating the deceased. iii. The post mortem report of the deceased opines that the deceased died due to asphyxiation caused by a rope or a tube. The FIR had remained silent on the use of a rope or tube by the assailants for the purpose of suffocating Bakhtawar. The post mortem report also clearly opines that only one bruise is found on the neck of the deceased. There are no hand marks on the neck or other signs of violence on the deceased. The argument of the Applicant's counsel that this was a suicide can not be ruled out at this stage. iv. The complainant narrates in the FIR that he had reached the house of Adam Khan at 11:00 p.m. on 27-6-2015 after which the incident has taken place. The post mortem report however shows that the death occurred at 10:00 p.m. on 27.6.2015. v Prima facie, it also seems odd that the accused would spare the eye-witnesses knowing fully well that they will implicate the accused in this crime. vi Co-accused Imam Ali and Qurban Ali, with the same role alleged have already been granted pre-arrest bail by the learned trial court. vii. At this stage there appears to be no reason why the Applicant would want to kill his wife who he had been married to for ten years and with whom he has three children.

4. For the reasons given above, the case of the applicant requires further enquiry and falls within the ambit of section 497(2), Cr.P.C. Accordingly, the applicant is admitted to bail subject to his furnishing a solvent surety in the amount of Rs. 100,000/- (rupees one lac) and a P.R. bond in the like amount to the satisfaction of the trial court. WA/A-67/Sindh Bail granted.