PLJ 2023 Cr.C. (Note) 214
[Lahore High Court, Multan Bench]
Present: Sohail Nasir, J.
MUHAMMAD ABID--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 6878-B of 2021, decided on 1.3.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Bail after arrest--Grant of--Offence of murder--There is no eye witness of this occurrence--According to postmortem report although there was swelling on face but that appears to be due to operation--No doubt that symptoms of black stone have been observed in report of Punjab Forensic Science Agency (PFSA) but fact remains that he was petitioner who had taken his wife to hospital and remained there continuously three days for her treatment--The conduct of petitioner,) therefore in these circumstances is quite relevant--Whether it is a case of homicide or suicide that shall be seen by trial Court at an appropriate stage--Bail allowed. [Para 4] A
Mr. Zafar Mehboob Langrial Advocate for Petitioner.
Mr. Muhammad Laeeq-ur-Rahman ADPP for State.
Date of hearing: 1.3.2022.
Order
Muhammad Abid (petitioner) has applied for his bail after arrest in case FIR No. 102 recorded on 12.02.2021 under Sections 302/34, PPC at Police Station Rohilanwali District Muzaffargarh.
2. It was alleged by Sajjad Hussain (complainant) that his sister Ameer Mai was married with Muhammad Abid (petitioner); on 12.02.2021 at about 07:00 am he received information about the death of Ameer Mai; when he arrived at the house of petitioner, the funeral process was underway; he came to know that three days earlier there was a domestic conflict between Ameer Mai and petitioner who with the connivance of three others had caused the death of Ameer Mai by giving her a black stone.
3. HEARD
4. There is no eye witness of this occurrence. According to postmortem report although there was swelling on the face but that appears to be due to operation. No doubt that the symptoms of black stone have been observed in the report of Punjab Forensic Science Agency (PFSA) but fact remains that he was petitioner who had taken his wife Ameer Mai to hospital and remained there continuously three days for her treatment. The conduct of petitioner, therefore, in these circumstances is quite relevant. Whether it is a case of homicide or suicide that shall be seen by the trial Court at an appropriate stage.
5. Resultantly, this application is allowed and petitioner is admitted to bail subject to his furnishing bail bonds in sum of
Rs. 100000/- (one lac) with one surety to the satisfaction of learned trial Court.
6. It is made clear that in case of misuse of concession of bail by petitioner during trial or delay in conclusion of trial because of him or anyone else acting on his behalf, the learned trial Court shall be at liberty to recall this bail granting order. (Sheikh Abdul Raheem vs. The State & another 2021 SCMR 822).
(A.A.K.) Bail allowed
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