' ATTAULLAH KHAN, J.---Through this single order, I intend to dispose of two Bail Petition No,320 of 2010,filed by Mst. Aneeta and No,321 of 2010 filed by Sajid Khan, as both these petitions relate to one and the same F.I.R.
2. According to the report of the complainant Faheemullah Khan, on the fateful day her small sister aged about 6/7 years named Mst. Bushra had gone out of the house at Sham Vela but when she did not return for meal, he went out for search and found her dead body in a plastic bag lying in the street of Amir Nawaz Khan, but did not charge anyone for the offence because of having no illwill with none.
3. Learned counsel for the petitioner argued that in the F.I.R. The accused/petitioners are not named but lateron the complainant recorded his supplementary statement on 3-7-2010 wherein the accused/petitioners were nominated for the offence. He further argued that there is no evidence against the petitioners. And they have been malafidesly charged by the complainant party.
4. On the contrary, learned counsel for the complainant argued that the accused/petitioners are charged in the supplementary statement of the complainant and there is no ill-effect on their non- mentioning in the. F.I.R. Because in such like cases the accused/petitioners are always identified lateron. He further argued that a brutal murder of child of six years has been committed, therefore, the petitioners are not entitled to bail.
5. I have carefully examined the record and considered the arguments of the learned counsel for the parties.
6. It is true that the accused/petitioner are not charged in the F.I.R. And the accused mentioned therein are unknown. There is a distinction between the cases of the petitioners. Mst. Aneeta, Mst.
Uzra Begum and Mst. Saima are female while petitioner Sajid Khan is a male and their cases are on different footings.
7. The supplementary statement of the complainant mentioned above reveals that he was told by one Shafi-ur-Rahman who saw the deceased child baby in the thorough fare near the house of the accused. This Shafi Rahman also told the complainant that he was proceeding to Mosque for 'Maghreb Prayer' when he saw Sajid accused coming out of his house and took the deceased inside his house. Besides this Shaft Rahman, one Raz Ali informed him that at Sham Vela he was present near the shop when he saw accused Sajid along with one woman coming out of their house having a plastic bag in his hands and after covering some distance, they threw the bag. This Raz Ali informed the complainant. In the supplementary statement, accused Sajid along with three other ladies have been charged for the commission of the offence. The police has also recorded statements of Shafi Rahman and Raz Ali.
8. In these three statements, the accused have been charged. According to the complainant, he was told by Raz Ali that a plastic bag was taken by Sajid along with one female. Sp at this stage, the association of female accused/petitioners is doubtful unless it is corroborated at the trial stage by other independent evidence. Moreover, the witnesses have stated about a woman and not named her.
9. In these circumstances, I am of the opinion that the case of female petitioner Mst.Aneta is of further inquiry because none of the witnesses has charged her by name.
10. As far as the case of the male accused Sajid is concerned, he is named by both the witnesses and complainant. He was seen carrying bag which contained the dead body of the female child. It is a brutal murder of a child in a very brutal manner without any reason.
11. As far as the argument that the accused/petitioner Sajid is not charged in the F.I.R. It is of no avail because it indicates the bona tide intention of the complainant. Had his intention been mala fide, he would have named him in the F.I.R. This fact goes against the accused Sajid at the moment and he is thus not entitled to bail.
12. Resultantly, while rejecting the bail prayer of the petitioner Sajid Khan, the bail petitions of Mst.
Aneta, Mst. Uzra Begum and Mst. Saima are accepted and they are admitted to bail in the sum of rupees two lacs with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who shall see that the sureties are local residents of Bannu City, reliable and men of means.