This order will dispose of Criminal Miscellaneous Nos. 2112-B/1979, 2198-B/1979 and No. 2339-B/1979.
2. The facts of the case are that one Mst. Maryam lodged F. I. R. No. 13/1979 dated 13th March, 1979 with Police Station, Sarai Moghal, District Kasur under section 302/34, P.P.C. In the F.I.R. The complain-- ant stated that she had a foster brother by the name of Ahma who used to work as a servant with one Noor Ahmad who had illicit relations with his wife Mst. Hamida Ahmad deceased fell sick and Noor Ahmad took him to his house and brought him under the treatment of Dr. Tufail.
Ahma died after having remained sick for 4/5 days. Mst. Maryam Bibi goes on to say that the aforesaid Noor Ahmad made all the arrangements of his burial After about three months of the death of Ahma the said complainant came to know that his foster brother Ahma had been murdered by Noor Ahmad in collusion with Mst. Hamidan, wife of the deceased and the aforesaid Dr. Tufail. She accordingly made an application to D. C., Kasur in which she alleged that her brother had been poisoned. Under the orders of D. C. The dead body was exhumed and the contents of his stomach were sent to the Chemical Examiner. It was in this way that after the lapse of several months of the alleged occurrence that the F. I. R. Was lodged.
2-A. The report of the Chemical Examiner, a copy of which has placed on record which is dated 14th February, 1979 contains the been following report:- "Insecticide belonging to chlorinated hydrocarbone group as well as organophosphatic group is detected in the above viscera only."
3. It would, therefore, be seen that F. I. R. Was lodged on 13th March, 1979 even after about one month of the report of the Chemidai Examiner, referred to above. As a result of the investigation carried out by the Police, apart from the aforesaid Noor Ahmad, Dr. Tufail, Mst. Hamida, one Abdul alias Abdul Ghafoor was also involved. In the F. I. R. The only reason stated for the murder of Ahma deceased was illicit relations of Noor Ahmad with Mst. Hamida, the wife of Ahma deceased.
However, during the investigation Abdul was introduced as a person actually carrying on his affairs with the wife of the deceased with the result that he was also arrested and is the petitioner in Criminal Miscellaneous No. 2198-B/1979. The learned Sessions Judge vide his order dated 21st May, 1979 granted bail to Noor Ahmad on the ground that during the investigation of the case none of the witnesses supported the version of the F. I. R. Against him. Criminal Miscellaneous No. 2339- B/1979 has been moved by Mst. Maryam Bibi, complainant, for the cancellation of the bail of Noor Ahmad, which is supported by the learned State counsel. According to the complainant investigation has been misdirected in order to spoil the case of prosecution and, therefore the bail granted to Noor Ahmad ought to be cancelled. Similarly in the bail application made by Abdul, the learned counsel has no objection to his being released on bail for the same reasons.
4. Before dealing with the case of Noor Ahmad and Abdul, it would be appropriate to first deal with the bail application of Muhammad Tufail which is Criminal Miscellaneous No. 2112-B of 1979. The State counsel has read over the extra-judicial confession of Haji Hazara son of Muhammad Din and Muhammad Sharif son of Mathella. According to these two persons they were sitting at the clinic of Muhammad Tufail, the petitioner Abdul had come and wanted to say something in confidence, but Dr. Tufail stated that he should not worry as the persons sitting in the clinic were his own men.
Thereafter Abdul is said to have narrated the whole incident as to how Ahma deceased was poisoned with his collusion. The manner in which the extra judicial confession has been obtained does not prima facie inspire confidence. There has bee delay of 7 months in the lodging of the F. I.
R. And an obvious delay of one month even after the report of the Chemical Examiner had been received for which there is ostensibly no explanation. The motive originally stated involved Noor Ahmad with Mst. Hamidan wife of the deceased, but the same has been changed during the investigation and now Abdul is said to have been carrying on with Mst. Hamidan. Tufail is a Medical Practitioner practising in the same area and even according to the F. I. R. The deceased had remained under his treatment for 4/5 days. He is not said to have supplied the poison to be administered to the deceased and the case of the prosecution is that he only gave advice that the chemical use in the manure could cause the death of a human being. The prosecution has not so far brought a case against Dr. Tufail which could be said to be free from doubts, and makes out a case of further inquiry within the meaning of section 497 (2), Cr. P. C.
5. There is yet another circumstance which may be noted from the petition filed by Tufail. There is a copy of the application made by Mst. Maryam supported by her affidavit dated 4th January, 1979 addressed to S. P., Kasur in which she had stated that she had lodged the report against Dr. Tufail and Noor Ahmad "only on account of misunderstanding and that Ahma deceased had died a natural death. This application is dated 4th January, 1979 and has further created a doubt which is to be resolved in favour of the petitioner for the purpose of grant of bail. Criminal Miscellaneous No. 2112-B of 1979 filed by Tufail is, therefore, accepted. He is ordered to be released on bail on his furnishing security in the sum of Rs. 50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A. C., Kasur.
6. Now the petition filed on behalf of Abdul alias Abdul Ghafoor being Criminal Miscellaneous No. 2198-B/1979 and the petition of Mst. Maryam for the cancellation of bail granted to Noor Ahmad being Criminal Miscellaneous No. 2339-13/1979 may be taken up. I have been referred to the supplementary statement of Mst. Maryam Bibi and other witnesses, according to which blood was oozing from the mouth anti nose of the deceased at the time when he was buried. If that was so this fact was sufficient to raise suspicion and immediately a report ought to have been lodged and how this material fact was omitted from the F. I. R. Particularly when the same had been lodged after the report H of the Chemical Examiner. During the investigation the prosecution version changed. The extra-judicial confession involving Abdul alias Abdul Ghafoor also makes very interesting reading. In any case since the extra-judicial confession is of a very weak type and the complainant now states that Abdul has been involved only to spoil the prosecution case. The learned State counsel supported the version of the F. I. R. And said that the Police had for no valid reason involved Abdul in this case.
7. Now the only case left is that of the cancellation of bail of Nur Ahmad. Learned counsel for the complainant laid much stress for the cancellation of bail of Noor Ahmad on the ground that he had been named in the F. I. R. And the motive of murder has also been ascribed to him inasmuch as he was interested in removing Ahma deceased from his way for carrying on illicit relations with Mst.
Hamidan. If all the factors detailed above, are taken into considera--tion a reasonable doubt has been created at this stage in the case o: Noor Ahmad as well, and this also seems to be a case of further inquiry. After giving my considered thought I feel that the entire case is one of further inquiry and question as to whether Noor Ahmad was carrying illicit affairs with Mst. Hamidan or actually Abdul was involved in the affair is to be determined during the trial. I accept the bail application filed on behalf of Abdul alias Abdul Ghafoor (Criminal Miscellaneous No. 2198-B/1979) and order him to be released on bail on his furnishing security in .The sum of Rs. 50,000 (Rupees Fifty thousand only) with one surety in the like amount to the satisfaction of A. C., Kasur.
8. Criminal Miscellaneous No. 2339-13/1979 filed by Mst. Maryam, the complainant, for the cancellation of bail of Noor Ahmad in the light of discussion made in the foregoing paras is hereby dismissed.