This is a petition under section 497, Cr.P.C. By Mst. Naseem alias Shamim, petitioner, for bail in respect of a case instituted against her and two others under section 302/34, P.P.C. At Police Station Lala Musa on 18-11-1985.
2. The prosecution case in brief is that on 9-11-1985 Muhammad Younis, deceased, took on hire a T.V. Set and V.C.R. From the shop of Radio Centre owned by one Muhammad Hanif and took the same to the house of Mst. Nasim alias Shamim, petitioner, where he, Mat. Shamim alias Shamim, petitioner. Ghulam Sabir and Qaisar Aftab co-accused, and Muhammad Arif and Inayat Hussain P.Ws. Saw a picture through the night. After the picture, the deceased stayed at the house of Mst.
Naseem alias Shamim, petitioner, whereas Muhammad Arif and Inayat Hussain P.Ws. Left for their home. The deceased not having returned to his house on the night of 9-11-1985, his brother Muhammad Yaqoob, complainant, began search on 10-11-1985, when he happened to meet Muhammad Arif and Inayat Hussain P.Ws. Who told him about the previous night's affair.
Notwithstanding further search, the complainant could not trace his brother. Ultimately on 18-11- 1985, on information received, Muhammad Yaqoob, complainant, happened to trace the dead- body of his brother Muhammad Younis, deceased, in a room of an uninhabited house of one Ghulam Haider, which house happened to be adjacent to that of Mst. Naseem alias Shamim, petitioner. The dead body of Muhammad Younis, deceased, appeared to have been burnt, as ashes and an empty kerosine tin were found nearby. On the same day the police recorded the statements of Muhammad Arif and Inayat Hussain P.Ws. Regarding the deceased being last seen in the company of Mat. Naseem alias Shamim, petitioner, and two other co-accused. On 8-12-1985, Mst. Naseem, petitioner, led to the recovery of the T.V. Set, V.C.R. And the bicycle of the deceased from her house, in the presence of Nazir Hussain Shah, Muhammad Yaqoob and Wakalat Hussain S.I., P.Ws. On 9-12-1985, Mst. Razia Sultana, daughter of Mst. Naseem, petitioner, had her statement recorded under section 164, P.Cr.C., wherein she deposed that the deceased had stayed in her house on the night of 9-11-1985, where he had seen the V.C.R. Picture in the presence of the other two accused and the two witnesses, that after the film show her mother had drugged him, that by ruse she took the deceased to the adjacent house of Ghulam Haider and that after some days her mother had asked her to write a letter to Muhammad Yaqoob, complainant, purporting to be by Muhammad Younis, deceased, intimating to the complainant that he was all right and he had the television and V.C.R. For which there should be no fear.
3. On behalf of the petitioner it is submitted that Muhammad Arif P.W. Submitted an affidavit before the Sessions, where he mentioned that he has not witnessed any V.C.R. Film with the deceased in the house of Mst. Naseem, petitioner. It is further submitted that Mst. Razia Sultana also filed her affidavit before the Sessions, where she mentioned that her statement under section 164, Cr.P.C.
Was recorded under duress.
4. I have heard the arguments of the learned counsel for the petitioner, the complainant and, the State and have also perused the record. According to the learned counsel for the State, the motive in the case appears to be the theft of the T.V. And V.C.R. Muhammad Arif and Mst. Razia Sultana P.Ws. Have resiled from their statements. The dead body of the deceased was recovered from the room of an uninhabited house owned by Ghulam Haider. It is not the case of the State that the deceased was done to death because of a amoral relations with the petitioner. The petitioner is a lady and is also in that right entitled to be released on bail. Without going on the record as having given any finding, I would only say, for the limited purpose of this petition, that I am releasing the petitioner under the first proviso to subsection (1) of section 497, Cr.P.C.
5. For the foregoing reasons, this petition is accepted and Mat. Naseem, petitioner, is released on bail, subject to her furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kharian.