Through this petition, petitioner Mst Manzoor Mai seeks post arrest bail in case FIR No, 38/2011 dated 27.01.2011 registered under Sections 302, 379, 34, 201 PPC at Police Station Saddar Jalalpur Pir Wala District Multan.
2. Precise prosecution story as contained in the FIR is that on 26.01.2011 at about 3.00 p.m. (in the day) Mst Amna Bibi aged 6 years, who was wearing ear golden rings weighing 4 mashas, to whom her mother gave Rs.5/- to purchase any edible from the shop of Mohallah and after some time when Mst. Amna Bibi did not come back, the complainant started search of minor daughter and also gave announcement of her missing in mosques; that the complainant alongwith Allah Wasaya and Malik Ladhu, in search of minor daughter, went to the house of accused Liaquat Ali and there they saw some symptoms of digging a new hole due to which they got suspicion and when earth was removed dead body of Mst. Amna Bibi was recovered, who was murdered due to strangulation and her golden ear rings were missing. The accused Liaquat Ali, Muhammad Rafiq, Mst. Manzoor Mai petitioner and Sajjad Hussain, after removing golden ear rings, murdered Mst.
Amna Bibi to hide their offence, hence, this case.
3. Learned counsel for the petitioner submits that petitioner has been involved in this case falsely; that no role is attributed to her and there is contradiction in the FIR and post-mortem report; that after registration of case, the petitioner was arrested and since then she is behind the bars, therefore, she is no more required by police for further investigation; that co-accused of the petitioner have been declared innocent during investigation; that there is no apprehension of absconsion of petitioner, if she is released on bail, hence, she is entitled to concession of bail.
4. On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant has opposed the bail petition and prayed for its dismissal.
5. Arguments heard. Record perused.
6. Perusal of record reveals that the petitioner alongwith her three co-accused was nominated in the FIR but during the course of investigation, co-accused of the petitioner namely Muhammad Rafiq and Muhammad Sajjad have been declared innocent, which creates doubt qua veracity of prosecution story, introduced through FIR. Prima-facie. It is an unseen occurrence. Although the petitioner is nominated in the FIR but no specific role is attributed to her. She is behind the bars since 06.02.2011 and no more required by police for further investigation. Even otherwise, the petitioner being a lady; her case falls under the 1st proviso to Section 497 Cr.P.C, who is behind the bars for a continuous period of more than six months. The trial of the case is not in progress and keeping the petitioner behind the bars would not serve any useful purpose of prosecution.
7. In view of the above, case against the petitioner becomes one of further inquiry under Section 497(2) Cr.P.C. hence, the instant petition is accepted and the petitioner is admitted to post arrest bail subject to her furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of learned trial Court.