1998 PLP 2017 (MLD)

Sahibzada Farooq Ali Khan for Petitioner. Bashir Ahmed Bhatti for the Complainant. Sh. Muhammad Rahim for the State. Mst. Taj Mai alias Tajo petitioner through this petition seeks post arrest bail in case F.I.R. No.460 of 1997 registered at Police Station Kot Addu on 25-11-1997 under section 302/34, P.P.C. for an occurrence which took place on 26-2-1997, wherein Qadir Bakhsh father of Ijaz Hussain complainant was poisoned to death. On 26-2-1997 at 5.30 p.m. the post-mortem was conducted on the dead body of Qadir Bakhsh and since no visible signs of violence were available on the body of the deceased. Viscera of the deceased was sent to the office -of the chemical examiner who after analysis found the contents to contain poison. Mst. Taj Mai petitioner was arrested on 10-12-1997 and in course of investigation two tablets were recovered from the residential room of the accused/petitioner which were made into a sealed parcel and taken into possession.

2. It is stated that about 2-1/2 years prior to this occurrence the deceased had married with Mst. Taj Mai accused/petitioner after divorcing his first wife and that he had at the time of Nikah given 6 Kanals of land to Mst. Taj Mai accused as her dower money and it is stated that she had sold this land to Manz Hussain with whom she is stated to have illicit relations.

3. It has been argued before me that Manzoor Hussain has been found innocent by the police and that Mst. Taj Mai accused/petitioner has also been challaned on the insistence of the complainant party and the same is so recorded in the case diary dated 10-12-1997. It has been further argued that the accused/petitioner had spent the money which she had got by seeking her 6 Kanals of land on the welfare of the deceased and arranging for him medical treatment.

4. Learned counsel for the complainant and the State have opposed the bail petition tooth and nail and have argued that the deceased was aged 50/55 years, he was of robust health and was not having any history of ailment. That the deceased was living in a separate house in company of the accused/petitioner and died in the house of the accused/petitioner and, thus, the onus to extricate herself from the offence is very much on the accused/petitioner as the death has been found to be a result of poison. It is further argued that the challan has been submitted in Court since 17-1-1998, where the trial Court has taken cognizance of the matter. For the time being the petitioner is, prima facie, connected with the offence committed and no reasonable grounds for further inquiry are available to her. Even being a woman cannot be considered as a ground for grant A of bail as she is involved in an offence which is punishable with death or imprisonment for life and cannot be extended any such concession as the deceased breathed his last in her house in her presence and under circumstances which show that he was poisoned to death and her conduct indicates that she deliberately did not provide or arrange to provide any medical aid or facility to the deceased. The petition is dismissed. H.B.T./T-38/L Petition dismissed.