This is a petition under section 497/498, Cr.P.C. By Muhammad Bashir, petitioner, for bail in respect of a case arising out of an F.I.R. Lodged by one Mohri Khan at Police Station Bhera in respect of the unwitnessed murder of his father-in-law, Muhammad Hayat, deceased, on the night between 8/9- 7-1986.
2. The prosecution case in brief is that on the night between 8/9- 7- 1986, Muhammad Hayat, deceased, was murdered in his Behak. The occurrence being unwitnessed, an F.I.R. Was registered by Mohri Khan, complainant, his son-in-law, in respect of the said murder.
During investigation, on 9-7-1986 Muhammad Yar and Muhammad P.Ws. Informed the police that when they were in their fields on the night in question, attending to irrigation, which fields were near the Behak of Muhammad Hayat, deceased, they saw Mst. Ghulam Fatima and Ghulam Rasool, co- accused, and Muhammad Bashir, petitioner, passing by them on the pathway. When they enquired from Mst. Ghulam Fatima as to what she was doing there, she stated that she was coming from her mother's residence and she appeared to be somewhat flustered.
On 11-7-1986, Mst. Ghulam Fatima, co-accused confessed to the murder having been committed by her with the assistance of Ghulam Rasool, co-accused, and Muhammad Bashir, petitioner, before Muhammad Akram, Councillor, Manak, Ghulam Rasool and Mst. Rasoolan (grandmother of Muhammad Bashir, petitioner), P.Ws. At the Baithak of the said Muhammad Akram, Councillor P.W.
According to her statement, she had caught the hands of the deceased, Muhammad Bashir, petitioner, had pressed the testicles of the deceased and Ghulam Rasool, co-accused, had throttled the deceased with his hands. The motive for the murder was that Mst. Ghulam Fatima, co- accused, wanted to marry the maternal uncle of Muhammad Bashir, petitioner, and had thus sought the help of the petitioner, and Ghulam Rasool, co-accused, to get rid of her husband Muhammad Hayat, deceased, in order to achieve her object.
3. I have heard the arguments of the learned counsel for the petitioner and the complainant and have also perused the police file. The evidence against Mst. Ghulam Fatima, co-accused, consists of the statements of Allah Yar and Muhammad P.Ws. Who saw her with the other two accused on the night in question passing from near the Behak of Muhammad Hayat, as also the statements of Muhammad Akram, Councillor, Manak, Ghulam Rasool and Mst. Rasoolan P.Ws., who heard her extra-judicial confession, and the statements of other witnesses as regards the motive. She was, therefore, refused bail by me earlier. As regards Muhammad Bashir, petitioner, and Ghulam Rasool, co-accused, there is only the evidence of Muhammad Yar and Muhammad P.Ws. As stated above and that of motive. The statements of Muhammad Akram, Councillor, Manak, Ghulam Rasool and Mst. Rasoolan P.Ws. Do not show that Muhammad Bashir, petitioner, and Ghulam Rasool, co- accused, made any clear cur extra-judicial confessions before them, which can be treated as incriminatory in nature. The prosecution, therefore, does not have unequivocal evidence against both of them from which it can reasonably be stated that they are guilty of the offences imputed to them. Ghulam Rasool, co-accused, was allowed bail by me. The case of Muhammad Bashir, petitioner, is at par with that of Ghulam Rasool, co- accused.
4. Learned counsel appearing on behalf of Khan Muhammad, the father of Muhammad Bashir, petitioner, an affidavit to show that Muhammad Bashir, petitioner, confessed before him to have murdered, Muhammad Hayat, deceased. On interrogation, Khan Muhammad confessed that he had married one Mst. Ghulam Fatima, she being his second wife. I am not satisfied with the bona fides of Khan Muhammad, for it seems that his first wife Mst. Rehmat having died, he wants to dis-- inherit his son Muhammad Bashir, petitioner, who is a progeny of his first wife.
5. For the foregoing reasons, this petition is accepted and Muhammad Bashir, petitioner, is released on bail, subject to his 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, Sargodha.