2001 P Cr (PLP)

The facts leading to the present application for bail are that the applicant/accused Mst. Khanzadi wife of Haji by caste Jamro is facing trial n Sessions Case No. 102 of 1999 (New No. 567 of 1999) under sections 302, 201, 202 and 506, P.P.C. before the learned Additional Sessions Judge, Gambat. The brief facts of the prosecution case as disclosed by Syed Budhal Shah in his F.I.R., dated 12-9-1999 are reproduced herein-below:-- "Complaint is that Mst. Ghulam Shabiran daughter of Syed Wadhial Shah wife of Khadim Hussain Shah aged about 28 years and Mst. Makhan wife of Khan Muhammad Shah daughter of Karim Bux Shah are my daughters-in-law. Husband of Mst. Ghulam Shabiran expired about one year back and out of wedlock she has one son. She used to reside with us. Mst. Ghulam Shabiran had illicit terms with Haji son of Razakdino Jamro, therefore; we had prevented her from going outside. On 9-9-1999, my daughter-in-law Mst. Ghulam Shabiran and Mst. Makhan left house for purchasing medicines and 'returned home at night. On 10-9-1999 in the morning I and my grandson Aijaz Shah son of Khan Muhammad Shah, Lalan Shah and other family members were present in the house when at about 7-30 a.m. taxi driver Abdul Ghani Jamro, Ghulam Rasool Jamro brought my daughters-in-law Mst. Ghulam Shabiran in injured and serious condition alongwith Mst. Makhan in the taxi. Mst. Makhan narrated that they had met with an accident near Kumb in which they have sustained injuries. We saw that Mst. Ghulam Shabiran was bandaged, therefore, she was removed and admitted for treatment at Gambat Hospital. We informed her relatives on telephone at village Raban Rajpar. Her father Wadhyal Shah and mother Mst. Hanifan came on the same day at about 4 p.m. Mst. Shabiran expired. We enquired from Mst. Makhan on Holy Quran who informed that she and Mst. Shabiran both had gone to Haji son of Razak Dino Jamor, resident of village Meenhon Jamro on the evening of 9-9-1999. In the night Mst. Shabiran and Haji Jamro were sleeping together on one cot whereas Haji's wife Mst. Khanzadi and myself were sleeping on separate cots. I awakened at about 3 a.m. Mst. Khanzadi wife of Haji Jamro brought Lathi and within our sight inflicted blow on the head of Mst. Ghulam Shabiran who bled and went unconscious. Haji Jamro called for taxi driver Abdul Ghani Jamro through Ghulam Rasool Jamro and Haji said that his wife ha sustained blow and she is to be taken for treatment and thereafter Haji Jamro and Ghulam Rasool put Mst. Shabiran in the taxi and also accompanied them. We went to Dr. Hameed Shaikh at hi house at Gambat but Dr. Hameed Shaikh did not come out therefore, we took her to Drib Mahar Shah to Dr. Karamat Al Thebo. Dr. Karamat Ali stitched Mst. Shabiran and treated her Thereafter, we brought Mst. Shabiran at home in the same van. Or knowing about these facts we informed Wadhial Shah. We brought dead body to village Raban Rajpar, Taluka Kotdiji. After leaving the dead body, I have come and lodge report that Mst. Khanzadi on seeing Mst. Shabiran sleeping with her husband Haji got annoyed and with the intention of murder caused Lathi blow and injured her seriously who died afterwards. Accused Haji Jamro had illicit intimacy with Mst. Shabiran which resulted in the cause of the death of Mst. Shabiran. Mst. Shabiran's father has not yet returned back. We have come for report. The dead body of Mst. Shabiran is lying in the house of her father in village Raban Rajpar. I complaint Justice be done. " The police after usual investigation sent up the case in the absentia of the applicant/accused. The applicant/accused on hearing about her involvement in the case surrendered before the trial Court and she was sent to judicial custody. The applicant/accused applied for bail before the trial Court but her bail plea was dismissed by impugned order, dated 1-12-1999. I have heard Mr. S. Ali Aslam Jafferi, learned counsel for the applicant/accused and Mr. Ghulam Safwar Korai, learned counsel on behalf of the Advocate-General, Sindh for the State. The latter concedes to the grant of bail. The perusal of the material placed on the record as well as police record shows that with regard to the present incident initially F.I.R. bearing Crime No.203 of 1999 was lodged by Syed Wadhial Shah son of Hatan Shah at 11 a.m. wherein one Lalan Shah and Aijaz Ali Shah. were nominated as accused who caused the death of Mst. Ghulam Shabiran. Subsequently, on the same day at about 4-10 p. m. F. I. R. bearing Crime No. 146 of 1999 was lodged by Syed Budhal Shah son of Syed Khan Muhammad Shah (father-in law) of deceased Mst. Ghulam Shabiran wherein the present applicant/accused was nominated as accused who caused Lathi blow on the head of the deceased. No plausible explanation with regard to belated F.I.R. lodged by the complainant Budhal Shah has been given in the F.I.R. There are two versions of the incident. Moreover, the motive for causing the death of the deceased has not been disclosed in the F.I.R. The applicant/accused is a woman and her case is also covered by Exception to proviso (1) to section 497, Cr.P.C. The applicant/accused is no more required for the purpose of investigation, learned State Counsel has conceded to the grant of bail. Consequently, I am of the considered view that the case necessitates further enquiry as contemplated under section 497(2), Cr.P.C. The applicant/accused is granted bail in the slim of. Rs.5,00,000 (five lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court. By my short order, dated 21-8-2000, bail was granted to the applicant/accused and above are the detailed reasons for the same. H.B.T./K-22/K Bail granted.