Nazir Ahmad, the accused-petitioner seeks his post arrest bail in case FIR No, 503-2011, dated 15.12.2011, registered under Sections 302 & 109, PPC at P.S. Tulamba, District Khanewal.
2. The allegation against the petitioner is that on 15.12.2011 at about 6.30 a.m. he abducted Mst.
Kausar Bibi, daughter of the complainant and when she was demanded by her parents, he refused to hand over her custody to her father and said that she will be , administered poison instead of handing over her to the complainant. There-after she was done to death after administering poison.
3. Learned counsel for the petitioner has contended that case against the petitioner is false and fictitious one; that during the investigation it was found that the alleged abductee herself committed suicide and the petitioner did not administer the poison to her. Therefore, the case of the petitioner is of further inquiry. The petitioner is behind the bars since 27.01.2012 and trial has not been concluded so far and as such the petitioner is entitled to the concession of bail.
4. This application has been opposed by learned Deputy Prosecutor General assisted by learned counsel for the complainant while expressing that the petitioner is nominated accused of the FIR with specific role; that Kausar Bibi, deceased was legally wedded wife of one Mushtaq Ahmad and she was not wife of present petitioner. She was abducted and there-after she was administered poison by the petitioner; that sufficient incriminating evidence is available on record to connect the petitioner with the commission of crime, therefore, he is not entitled to the concession of bail.
5. Arguments heard and record perused.
6. Allegedly, the petitioner has administered poison to Mst. Kausar Bibi, deceased. Learned counsel for the complainant has stated that she was not wife of the petitioner, whereas learned Deputy Prosecutor General after going through the record has informed that her Nikah with the accused petitioner stands established during the investigation of this case and the alleged Nikah with Mushtaq was found fabricated by complainant party. There is no direct evidence against the A petitioner for administering the poison to the deceased and during the investigation, it was found that the deceased herself has committed suicide. In these circumstances, case of the petitioner is of further inquiry.
Resultantly, the instant application is accepted and petitioner is admitted to bail in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.