2003 P Cr (PLP)

Syed Asad Abbas for the State. Malkoo, the petitioner has sought for post-arrest, bail in case F.I.R. No.361, dated 27-10-2002 under sections 302/148/149/109, P.P.C. registered with Police Station Dajal, Tehsil Jampur, District Rahanpur.

2. Briefly the prosecution case as per F.I.R. is that on the night preceding to 27-10-2002 at Esha prayer's time Malkoo, Khaliq and Abdul Sattar have pressed the throat of Mst. Haseena, the wife of Malkoo. She died as a result of the same. There was also lying a bottle of some medicine under her cot and there were signs of the medicine on her mouth. The motive behind the occurrence is that they had suspicion of her illicit relation with some person of their brotherhood.

3. It has been contended on his behalf that he has falsely been roped in; that the story as contained in the F.I.R, stands negated by the post mortem report of the deceased inasmuch as that no ligature mark on the neck was found and on the autopsy of her dead body; that there is no direct evidence on record that she was administered some poisonous matter by anyone; that in the investigation they were declared innocent and the police have prepared report for their discharge from the case but it was not agreed to by the concerned learned Ilaqa Magistrate on the technical reason that the case was triable by the Sessions Court while the same was not correct; and that he is behind the bars and previous non convict.

4. Conversely the learned counsel for the State though has opposed the petition but he conceded that there is no direct evidence on record to show that they had administered any poisonous medicine or substance to the deceased; and that in the investigation they were found innocent and the report for their discharge from the case was prepared.

5. I have carefully considered the submissions made, by the learned counsel for the parties with the help of available record.

6. According to the F.I.R., he and his co-accused Khaliq and Abdul Sattar have pressed the throat of the deceased and with the same had done her to death. It has also been mentioned therein that a bottle of poisonous medicine/drug was lying under her cot and the signs of such medicine were present on her mouth. Admittedly, there is no direct evidence on police record that they had administered any poisonous medicine or drug to her or anyone made her to take the same. There is, with the petition the certified copy of the post-mortem report of the deceased. According to the same, there was no mark of ligature on her neck. The fact also remains that during the investigation he was found innocent and his discharge report was prepared though it was not agreed to by the learned Ilaqa Magistrate. However, all these facts render his case as one or further inquiry into his guilt. So, his case is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.

7. In these circumstances of the, case, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail Bond in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Rajanpur/trial Court. H.B.T./M/1963/L Bail granted.