2010 PLP 1864 (MLD)

ATTAULLAH KHAN, J.

Having failed to get the concession of bail from the Courts below in case F.I.R No. 231 dated 28-6-2010 of Police Station Naurang registered under section 302, P.P.C., the accused/petitioner Masood Khan has filed the application in hand for the same purpose.

2. Brief facts of the case arc that initially on 26-6-2010, the accused/petitioner has reported that his wife Mst.Nazya Bibi had committed suicide, but later during investigation, Khan Malook, his father-in-law charged him for the murder of the deceased.

3. Learned counsel for the petitioner argued that there is no eye-witness in the case. He submitted that originally the accused was complainant in the case but subsequently made an accused during investigation on the statement of father of the deceased recorded under section 161, Cr.P.C. without any plausible reasons. He argued that is a double version case which entitle the petitioner to the concession of bail.

4. On the other hand, the version of the complainant is that there is ample evidence to connect the accused with the commission of the offence regarding the death of the deceased. He argued that as per the version of the accused, the deceased had died on the spot while according to the site plan, she expired on the way.

5. I have carefully examined the record and considered the arguments of the learned counsel for the parties.

6. It is to be pointed out that the accused had lodged the report on 26-6-2010 but during the course of investigation, father of the deceased, namely, Khan Malook was examined on 28-6-2010 under section 164 Cr.P.C. in which he charged the complainant-now accused for the murder of the deceased. The reasons given in the statement are that relations between the accused and the deceased were strained and that she was murdered by the accused on 26-6-2010 but dubbed the occurrence as suicide. This statement does not reveal as to who informed the father of the deceased about her murder. He has disclosed no source of information about the same. At the moment, the case seems to be as unseen occurrence. Moreover, it is a double versions case. The first version is that of the complainant which is regarding the commission of suicide by the deceased is that she was murdered by the accused/petitioner. The version of the accused regarding suicide by the deceased is nearer to truth than the version of the father of the deceased unless something in rebuttal is pointed out in the trial. So these two versions has made the case of the accused/petitioner that of further inquiry. The record also reveals that investigation in the case is complete and the accused/petitioner is no more required for interrogation.

7. The tentative assessment of the materials so far brought on record prima facie brings the case within the ambit of further inquiry entitling him to the concession of bail.

8. The application is, therefore, accepted and the accused/petitioner is admitted to bail in the sum of rupees two lacs with two sureties each in the like amount to the satisfaction or Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means. H.B.T./269/P Bail granted.