2018 PLP 2072 (YLR)

MALIK HAQ NAWAZ, J.

The petitioner Mst. Ezat Sultana seeks post arrest bail in the case FIR No. 07/2017 dated 08-09-2017 registered under section 302/34, P.P.C. at Women Police Station Hunza.

2. The petitioner and her co-accused namely Ali Dad are in Judicial lock up on the charge under section 302, P.P.C. for murder of Bibi Hajra.

3. The petitioner applied for post arrest bail in the court of learned Sessions Judge Hunza, which was declined vide order/judgment dated 17-03-2017, which is now impugned before this Court by means of filing of Criminal Misc. No. 52/2018.

4. The learned counsel for the petitioner submitted that there is a delay of about 06 days in lodging the FIR and there is no eye-witness of the occurrence. The case has been registered due to mala fidies of the complainant, who in collusion with the local police involved the petitioner in the alleged offence. The learned counsel further submitted that the petitioner is a lady and her case falls within the ambit of Section 497(1), Cr.P.C., which entitles her for the concession of bail. Per learned counsel for the petitioner the recovery has been planted and the so-called confessional statement has been extracted after torture and by applying third degree measures. The learned counsel relied on 1990 PCr.LJ 326, 2004 YLR 1544, 2008 MLD 1112, 2012 YLR 745, 2012 PCr.LJ 841 and 2012 PCr.LJ 869.

5. On the other hand the learned Deputy Advocate General vehemently opposed the petition and submitted that the deceased lady was buried after her murder without lodging any FIR and her death was termed as natural death. Later on police on receiving spy information carried out proceeding under section 157, Cr.P.C. and the dead body of the lady was exhumed and during post mortem it revealed that death of the lady has been caused due to violence. Police arrested one Ali Dad and the petitioner, who confessed their guilt and weapon of offence has been recovered on the pointation of the petitioner. The petitioner got recorded her statement under section 164, Cr.PC, in which she confessed the crime. There is sufficient evidence which connect the petitioner with the alleged offence, which carries capital punishment and the petitioner is not entitled for concession of bail.

6. As evident from record that the death of deceased lady was considered accidental and FIR was not lodged. On information regarding suspicious death of deceased, police started proceeding under section 157, Cr.P.C. and obtained permission for exhumation of dead body from the Court of learned Magistrate and after postmortem it divulged that the death was caused due to violence. The petitioner and co-accused Ali Dad were arrested and the petitioner got recorded confessional statement under section 164, Cr.P.C., which is an inculpatory statement. Weapon of offence on her pointation has also been recovered in presence of marginal witnesses. The petitioner though a lady, but the discretion in such like cases cannot be exercised in favour of a lady, who so actively participated in the crime and took life of an innocent lady just to save herself from exposure to public about her illicit relation with her co-accused Ali Dad.

7. There is sufficient incriminating material available on record, which does not entitle her for concession of bail. The petition is dismissed accordingly.

8. Criminal Misc. bearing No. 52/ 2018 is disposed of accordingly. MQ/160/GB Bail refused.