1996 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), S.302/201/34

Bail, grant of-- Occurrence was an un witnessed event

No poison had been detected in the, viscera of the dead body and the extra-judicial confession made by accused, which was a weak type of evidence, was not corroborated by medical evidence-- Dead body was not recovered at the pointation of accused in police presence -- F.I.R. was lodged after eight days delay

Accused was a lady and was in judicial lock-up

Accused was admitted to bail in circumstances. Mian Abbas Ahmad for Petitioner. Muhammad Anwaar-ul-Haq for the State, This after arrest bail petition has been moved by Mst. Naziran Bibi in a case F.I.R. No.5, dated 11-1-1995 registered at Police Station Saddar, Layyah on the complaint of Muhammad Siddique. According to the prosecution version complainant is a resident of Chak No.135/T.D.A. and his maternal-uncle Mukhtar Hussain used to cultivate land in village Chak No. 127/T.D.A. and was residing in the same village. A week prior to 11-1-1995 complainant came to Chak No.127/T.D.A. and met Mst. Naziran Bibi wife of Mukhtar Hussain maternal-uncle of the complainant. Mukhtar Hussain was not present in the house and Mst. Naziran Bibi petitioner informed him that Mukhtar Hussain had gone to Mananwala. On 10-1-1995 a cousin of the complainant carne to his house from Mananwala. He enquired about Mukhtar Hussain. His cousin informed that Mukhtar Hussain had not visited Mananwala. On this information the complainant became worried and visited Chak No. 127/T. D. A. on 11-1-1995 in the morning. He again enquired about his maternal-uncle from Mst. Naziran Bibi petitioner. She could not give a satisfactory reply and the complainant became suspicious. He apprehended some foul play. Then he went to the Dera of Gul Sher Thind, Lambardar of the village where Karam Hussain, Faiz Muhammad and Haji Faqir Muhammad were sitting. Meanwhile, Mst Naziran Bibi petitioner came there and started weeping. She confessed her guilt before those persons and said that Imam Bakhsh Panwar had illicit relations with her. Mukhtar Hussain, her husband used to beat her and she was fed up on account of maltreatment of her husband. Consequently, she conspired with Imam Bakhsh co-accused and on 3-1-1995 administered some intoxicant in shape of tablets. This intoxicant was mixed by her in the tea. The deceased took the tea and soon thereafter Mukhtar Hussain had a deep sleep: At about 10/11 m the flight co accused Imam Bakhsh and Kamal came there with iron Kassis and caused injuries on different parts of his body. They both digged a pitch in the room of the house and buried the dead body of Mukhtar Hussain there. The P. W s. on the pointation of Mst. Naziran Bibi exhumed the dead body from there and then the matter was reported to the police.

2. Learned counsel for the petitioner submits that there is no eye-witness of the occurrence and that extra-judicial confession is a weak type of evidence. The dead body was not recovered/exhumed in the presence of the police. The learned counsel appearing for the State has contended that the P. Ws. have no enmity to falsely involve the petitioner and the offence committed by her is of heinous nature which disentitles her for the grant of bail.

3. I have heard the learned counsel for the parties and have gone through the record carefully.

4. Admittedly it was an un witnessed occurrence and no poison has been detected from the viscera. The dead body was not recovered on the pointation of the petitioner in presence of the police. Extra judicial confession is a weak type of evidence. There is delay of 8 days in lodging the F.I.R. The petitioner is a lady and is in the judicial lock-up. For all these reasons I admit the petitioner to bail provided she 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./N-358/L Bail allowed.