' Petitioner Mst. Nishat Shaheen has sought post-arrest bail in case F.I.R. No.643 of 2004 dated 23-8- 2004 registered under sections 302/380/411/34, P.P.C. At Police Station, New Multan.
2. Briefly the facts as per prosecution story narrated in the F.I.R. Are that on 22-8-2004 Altaf Pervaiz deceased was found lying dead in his residence and he was reportedly murdered by some unknown persons. But during the course of investigation one Naeem-ul-Ghani the former husband of petitioner along with petitioner were implicated and they were arrested on 4-9-2004.
3. Learned counsel for the petitioner contends that no connecting evidence is available against the petitioner and no recovery has been effected from the petitioner. That role was attributed to Naeem-ul-Ghani, who died in judicial lockup on 7-2-2005. That no sufficient material is available on the record prima facie to connect the petitioner with the case and case of the petitioner is claimed to be of further inquiry. Further submitted that petitioner being lady having minor children is entitled to bail.
4. On the other hand learned counsel appearing on behalf of the State has vehemently opposed the bail petition and submitted that identification parade was conducted on 11-9-2004 wherein Muhammad Shafi and Qamar Shehzad had correctly identified Naeem-ul-Ghani and the petitioner as there was allegation that they were seen going out of the office where murder of Ch. Altaf Pervaiz deceased took place. Further submits that challan was sent up in the Court of competent jurisdiction on 8-10-2004 but trial has not commenced so far.
5. I have heard learned counsel for the parties and carefully perused the record. The role was attributed during investigation to Naeem-ul-Ghani, who has expired in jail and the present petitioner had already been divorced by Naeem-ul-Ghani so he had no plausible reason to accompany the petitioner. Furthermore, petitioner is a lady having minor children and no purpose will be served to put her in lock-up for an indefinite period . In these circumstances petitioner's case is ' of further inquiry therefore, she is allowed bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court. However, this observation shall not affect the merits of case which shall be decided in accordance with law.