1987 PLP 1927 (PCRLJ)

Criminal Miscellaneous No. 926/B of 1987, decided on 6th May, 1987. ‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Accused allegedly instigated her son to do away with deceased as she was interested to get her son married with the girl of deceased‑‑Petitioner's case, was covered by proviso to S. 497, Cr.P.C. and prima facie one of further inquiry‑‑Petitioner allowed bail, in circumstances. Naeem Sherwani for Petitioner. Rana Zahid Mahmood for the State. On the morning of 25‑1‑1987 one Ali Muhammad found a dead body without head and, therefore, he reported the matter at Police Station Daska. The investigation was conducted by Riaz Ahmad, A.S.I. who is present in Court. According to the Investigating Officer he examined the dead body and found a purse, according to which it came to light that the deceased was Ramzan alias Jani and was resident of Rawalpindi. The Investigating Officer in search of parents of Ramzan alias Jani, investigated this case in Rawalpindi. During investigation the A.S.I. found the parents of Riaz Ahmad who informed him that Ramzan alias Jani had left Rawalpindi with one Mst. Lubna. Accordingly the matter was further investigated and it came to light that Ramzan alias Jani had taken Lubna to different places and also at the house of Irshad Bibi petitioner because her son happens to be her friend. In nutshell it came to light that Saleem alias Papu son of petitioner Irshad Bibi, Morris Masih and one Ayub Abbas had committed the murder of Ramzan alias Jani. According to the Investigating Officer the only evidence against Irshad Bibi is the statement of Mst. Lubna who had eloped with Ramzan alias Jani deceased. According to her statement she had expressed a desire rather had instigated Ayub Abbas, Saleem alias Papu and Morris Masih to do away with the deceased. According to the statement of Mst. Lubna the petitioner was interested to get her son married with Lubna.

2. Without expressing any opinion as to the merits of the case lest it may prejudice either side, prima facie it seems to be a case of further enquiry and furthermore the petitioner is a woman and his case is also covered by proviso to section 497, Cr.P.C. In this view of the matter, I direct that the petitioner shall be released on bail provided she furnishes security in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C., Daska. S.G.D./I‑24/L Bail allowed.