2002 P Cr (PLP)

Habibur Rashid for the State. By this order I propose to dispose of Criminal Bail Application No.1499 of 2001, filed on behalf of Mst. Waziran Khatoon and Mst. Mehar Khatoon in a case bearing F.I.R. No.137 of 2001 of Police Station Manghopir, Karachi for an offence under sections 302/109/34, P.P.C. The bail plea of the applicants was declined by the learned IIIrd Additional Sessions Judge, Karachi, East vide order, dated 18‑10‑2001. The prosecution story as enunciated in the F.I.R. is that on 22‑7‑2001 at 8‑40 p.m. an application of complainant bearing No.IR245 of 2001, dated 11‑6‑2001 was received alleging therein that on 4‑6‑2001 his mother, namely, Anaran Khatoon had gone for some work and on the next day i.e. 5‑6‑2001 at Safari Stop, Manghopir Road, Karachi. It is further stated that the complainant being driver by profession had gone to Faisalabad and on 5‑6‑2001 he was informed about the death of her mother due to some accident on telephone by some of his relatives. The complainant then rushed to Karachi where he learnt that his mother was tortured, beaten by rods, sticks and murdered by the accused persons due to as she had trade some Taveez. It is also alleged that as a result of the beatings the deceased received fatal blow on head, eyes and her teeth were broken. It is also alleged that the alleged incident had taken place on 4‑6‑2001 at about 9 a.m. and dead body of the deceased was kept in a room and at about 4‑00 a.m. the accused persons threw the dead body at Safari Stop, Manghopir Road, Karachi. The women who gave the bath to the deceased also verified infliction of injuries to deceased. Thereafter, exhumation had taken place which shows that the deceased received injuries on head, eyes and teeth by hard and blunt substance. Earlier, bail plea of the applicants was rejected by the learned IIIrd Additional Sessions Judge, Karachi‑West. I have heard the learned counsel for the applicants and the learned counsel appearing on behalf of the State. It has been contended by the learned counsel for the applicants that there is inordinate and unexplained delay in lodging the F.I.R. inasmuch as the incident has taken place on 4‑6‑2001 whereas the F.I.R. has been lodged on 22‑7‑2001. He further submitted that first it was stated that deceased died due to an accident but in 161, Cr.P.C. statements of witnesses Sher Khan, Dilbar Khan and Muhammad Yousuf, the prosecution version mentioned in the F.I.R. was changed and a new theory was advanced to the extent that the deceased has not died due to accident but she had been killed. Thereafter; on 10‑7‑2001 on the application made by complainant Abdul Qayyum the exhumation of the deceased had taken place and the exhumation report is identical to post‑mortem report. He further contended that as both the applicants are ladies their cases is covered by sub‑clause (1) of section 497, Cr.P.C. He further submitted that applicant No. 1 has given birth to a suckling child on 9‑11‑2001 at Women Jail, Karachi whereas the only allegation against applicant No.2 is of hatching conspiracy for which there is no evidence. Mr. Habibur Rasheed, learned counsel appearing for the State concedes to the above legal position and has no objection if bail is granted to the applicants. I have given my anxious consideration to the arguments advanced by both the parties and perused the record. Admittedly there is inordinate delay of more than one month and 18 days in lodging the F.I.R. Both the applicants are women and their case is covered by section 497(1), Cr.P.C. Moreover, applicant No.1 has recently given birth to a suckling child and no specific role has been assigned to applicant No.2 in the F.I.R. In view of the above, bail is granted t the applicants on furnishing one surety in the sum of Rs.2,00,000 each, and P.R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./W‑23/K Bail allowed.