HAIDER ALI KHAN, J:- Petitioner, Mst. Tajmala wife of Mukamil Khan, seeks her release on bail who is charged in case FIR No. 400 dated 18.8.2013 registered under section 302 PPC at P.S Azakhel.
2. According to the facts of the case, the local police of Police Station Azakhel recovered a dead body during mobile duty and to this effect a murasila was drafted and sent by Ghulam Ali Khan ASI to the Police Station which was incorporated into FIR mentioned above.
3. The body was identified on 21.8.2013 when a photograph of the same appeared in the newspaper, by the neighbours of the deceased namely Liqat Ali and Bahadar Khan, to be Mukamil Khan ( deceased), the husband of the accused/petitioner.
4. The bail application of the present accused petitioner was turned down by the same Court vide order dated 12.6.2014. The accused/petitioner approached this Court for her release on bail.
5. The learned counsel for the petitioner argued that the accused/petitioner was divorced by the deceased Mukamil Khan 6/7 months prior to the registration of the FIR. That the confessional statement made by her is exculpatory in nature and although she had the knowledge of the occurrence but she did not take active part in the commission of the offence she is charged with.
He further contended that she is behind the bars for almost more-than 06 months and being a women is entitled to the concession of bail as such.
5. On the other hand Law Officer representing the state contended that the accused-petitioner is privy to a heinous crime of murdering of her Ex-husband and is charged in the statement of his real son and as such is not entitled to the concession of bail.
He further argued that the accused/petitioner is of a loose moral character and that is why her release would encourage immorality in the society as well as it will encourage other like minded women. Moreover, the challan has been put in Court and therefore, there is no need for her release on bail.
6. I have heard both the learned counsel and perused the record/statements.
7. Admittedly no one was charged in the initial FIR but it was on 11.11.2013, that one Saeed Ahmad ( son of the deceased) and Mst. Salma wife of Saeed Ahmed ( Daughter in law of deceased) while recording statements under section 164 Cr.PC after about three months after the occurrence with un explained delay, charged the present accused-petitioner alongwith other co-accused. There is no circumstantial evidence against her except the statements of the above mentioned persons.
There is no recovery either from her possession or at her pointation which may saddle her with the commission of the offence. The co-accused namely Taimur Khan, Mujeeb Ur Rehman, Ghulam Muhammad, Jamshed, Abdul Wahid were already released on bail either by the learned Judicial Magistrate or learned Additional Sessions Judge, concerned. The accused/petitioner being 50/55 years of age and being a woman deserves to be released on bail.
8. For the reasons mentioned above, this petition for bail is allowed and the petitioner is directed to be released on bail provided she furnishes bail bonds in the sum of Rs. 1, 00,000/- ( Rupees One Lac )with two sureties each in the like amount to the satisfaction of Ilaqa Judicial Magistrate/ Trial Court, who shall ensure that the sureties are local, reliable and men of means.