' SHAHID HAMEED DAR, J.---Shahid Nazir (petitioner) allegedly tortured and administered some poisonous item to his wife Mst. Shamim Sarwar, real sister of Mehboob Sarwar (complainant) on 9- 2-2014 whereafter he himself shifted her to emergency ward of Allied Hospital, Faisalabad where she breathed her last on 11-2-2014; the complainant has alleged that his sister, when on bed, told him and his companions that she had been forced to take some poisnous thing by her husband who tortured her as well; the motive alleged was that Shahid Nazir (petitioner) wanted to contract second marriage which was resisted by his wife, the deceased-lady.
2. The autopsy on the dead body of Mst. Shamim Sarwar was conducted by lady doctor Tanveer Zafar on 11-2-2014 who found four blunt weapon injuries on the forehead, left side of head and the left side of her trunk; she declared these injuries ante mortem and caused by blunt weapon; she deferred recording her remarks about the cause of death of the deceased, till receipt of reports from the offices of the Chemical Examiner and the Histopathologist. During pendency of this petition we noticed that cause of death was continuously shrouded in mystery, therefore, a direction was given to the autopsy-conducting medical officer as well as to the Medical Superintendent of Allied Hospital, Faisalabad to ensure declaration thereof expeditiously. The reports received from the Forensic Science Agency were negative in nature, hence they helped little in determining the cause of death. Dr.Tanveer Zafar and Medical Superintendent of Allied Hospital appeared before this court on 22-5-2014 to undertake that the cause of death shall be recorded, without further delay, after consulting the treatment record etc. Of the deceased-lady.
3. Learned Deputy Prosecutor General Punjab has tendered written remarks of the said lady-doctor as to the said fact, which read as under:-- "On reviewing the case in the light of initial autopsy findings, reports of Chemical Examiner, Histopathologist, treatment chart/death certificate, mortality summary of the patient and on verbal discussion with the treating physicians of Medical Unit-I, the probable cause of death is Diabetic Ketoacidosis (DKA), a complication of diabetes Mellitus."
' The medical officer appears to have reached the conclusion that the ill-fated lady met the natural death being a patient of diabetic ketoacidosis '(DKA).
4. After hearing learned counsel for the parties and perusing the record, it is observed that the story of FIR, as narrated by the complainant does not look impressive. How can it be believed that he being real brother of Mst. Shamim Sarwar, heard from her mouth that she had been administered some poisonous material by her husband and that she was also tortured by him, still he, as per his own assertion, came back. This particular contention of the complainant does not fit in with the common principles of human psychology, as he being the real brother would have been the last person to leave his real sister in lurches, who was apparently moving towards the eventuality. The women medical officer may have erred somewhere in postmortem examination process but fact remains that the cause of death, recorded by her hints at a strong probability that Mst.Shamim Sarwar died in some other way, than the one, as alleged by the complainant in the FIR. Four external injuries, caused by blunt weapon stand recorded in the necropsy report of the deceased which certainly have no nexus with her death as is manifest from the said report. Learned counsel for the complainant looked a bit enthusiastic when proceedings started in this case, but on seeing remarks of the women medical officer, as to cause of death of the deceased-lady, he turned perplexed and felt short of words. The guilt of the petitioner may better be adjudged by the learned trial court during the course of the trial. Prima facie there exist sufficient reasons to believe that the petitioner's case calls for further probe into his guilt under section 497(2), Cr.P.C. Therefore, we allow this petition and grant him post arrest bail subject to furnishing bail bonds in the sum of Rs.5,00,000 with two sureties each in the like amount to the satisfaction of the learned trial court.
5. Before parting with this order, it is clarified that the observations contained hereinabove are tentative in nature which would have no bearing on the merits of the trial.