' RAUF AHMAD SHAIKH, J.---The petitioner seeks post arrest bail in case F.I.R. No, 420 dated 2-11-2010 under section 302/337-J/34, P.P.C. Police Station Qadirpur District Jhang.
2. Briefly stated the prosecution version as set forth in the F.I.R. Recorded on the application of Muhammad Aslant complainant is that nikah between his sister Mst. Kausar Bibi daughter of Allah DiKa age about 17/18 years and Ijaz son of Zulfiqar was solemnized but the petitioner and her co- accused persons were against this nikah and had been putting pressure on the complainant, his brothers and mother that the divorce be obtained from Ijaz but this demand was rejected by the complainant etc. On which the accused persons got annoyed. They under a plan took Mst. Kausar Bibi on 9-6-2010 at about 1-00 p.m. And then raised alarm that she had suffered a heart attack and died. Due to close relationship, the complainant and other members of the family did not have any doubt but the complexion of deceased turned black and buried her in the graveyard considering that she had died a natural death. It is further alleged that after burial the whispering started in the village that Kausar Bibi has been murdered so that her marriage Nith Ijaz should not take place. On 9-6-2010 at about 10-00 a.m. Mumtaz Bibi along with co-accused Umar Draz and Ghulam Jaafar came to his house in presence of Muhammad. Afial, Muhammad Ramzan and Ghulam Baqar P.Ws.
And after expressing sorrows on the demise, confessed one by one that they had caused Qatl-e- Amd by administering poison to her. Mumtaz Bibi further confessed that Umar Daraz and Ghulam Jafar her co-accused had brought and -given her poison, which she had served to the deceased on 9-6-2010 at about 1-00 p.m. They also sought pardon and said that in case no legal action was initiated they would pay reasonable compensation and give hands of a girl. The complanint with the help of Afzal etc., tried to apprehend them but they entered in their house. On 7-7-2010, he moved an application for disinterment which was accepted on 9-9-2010 and the dead body was disintermented on 15-9-2010. The samples of organs of deceased were sent to the office of Chemical Examiner and the report shows that Mst. Kausar Bibi was administered poison. He alleged that the petitioner and her co-accused persons had served poison in 7-UP to Kausar Bibi.
3. Learned counsel for the petitioner has contended that there is in ordinate delay of four months and 23 days in lodging the F.I.R. Which is not explained; that allegedly joint extra confession was made on 5-7-2010 but even then the complainant lodged the F.I.R. On 2-11-2010, which creates doubt about correctness of the allegations; that the report of Chemical Examiner shows that morphine was found in skin but no qualitative estimation was made so it is not established that in fact any poison was administered to the deceased; that according to the I.O. No cogent evidence was available in support of allegation regarding serving of poison so the case needs further probe and inquiry and that co-accused Umar Daraz and Ghulam Hussain, who allegedly brought poison and gave it to the petitioner have been declared innocent by the police so the allegation against petitioner also needs further probe. In support of contentions raised reliance is placed on 2010 PCr.LJ 1134 and 2010 YLR 1937.
4. Learned counsel for the complainant and learned D.P.-G. Have opposed the petition. It is contended that petitioner is specifically nominated in the F.I.R.; that she and other co-accused persons firstly made confession turn by turn and thereafter she further confessed that she had served the poison in 7-UP bottle; that no delay was caused and in fact after confession made on 5- 7-2010 the application for disinterment was moved and after receipt of report of chemical examiner on 29-10-2010, F.I.R. Was immediately lodged;.That the confession was not jointly made rather turn by turn all the accused persons admitted their guilt and thereafter the petitioner had also made further confession that she had administered poison and that the mere fact that the petitioner is female is no groUnd to grant bail as she is responsible for qatl-e-amd of an innocent young girl.
5. The report under section 173, Cr.P.C. Reveals that according to I.O. Cogent evidence regarding serving of poison by the petitioner was not available. There is nothing on the record to prove that morphine found in the skin of the deceased, was purchased or procured by any one of the accused persons. The quantity of morphine found is also not estimated. Morphine an intoxicant substance, is usually injected and not administered through liquid etc. The same was not found in the samples of scalp, hairs, nails and clavicle and was present only in the skin, which shows that it must had been administered through injection and it is not A the prosecution case that any one of the accused had injected it. It is stated by the P.Ws. That after 3rd day of the demise whispering started in the village so lodging of F.I.R. After about 4 months also creates a reasonable doubt about prosecution version. The other two co-accused who had allegedly purchased the poison and given it to the petitioner have been found innocent and there is nothing on the record to show as to how, when and from where the morphine was procured by the petitioner. In these circumstances the case clearly needs further probe and inquiry within meanings of section 497(2), Cr.P.C.
6. For what has been discussed above, the petition is accepted and the petitioner is admitted to bail subject to her furnishing bail bonds in the sum of Rs,200,000 with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.