Muhammad Younis and Mst. Bushra Bibi, petitioners, have moved this petition for bail in a case registered against them and others under sections 147, 148, 302 and 201 P.P.C.
2. On 11-4-1988 Muhammad Anwar made a report at Police Station Sharaqpur that at 7 a.m. He was informed by Mst. Shadan that her husband (brother of the informant) was missing since last night.
The deceased and his family resided in a Haveli adjacent to a Tube-Well. Muhammad Anwar thereupon went to the Haveli and found the dead-body of Muhammad Hanif lying in the Tube- Well. The dead-body was taken out. There were marks of violence on it. Both hands had gone blackish and it appeared that electric shock was responsible for causing his death.
3. Abad A.I, sub-Inspector reached the spot and found the dead-body lying on a cot near the outer Gate of the Haveli. He prepared its injury statement and inquest report and sent it to the mortuary for post-mortem examination. On receipt of the post-mortem report a case for the, above offences was registered. The post-mortem report revealed injuries on both hands, face, chest, left arm, knees and penis. Injuries on the hands were due to electric shock and the rest were caused with blunt weapon.
4. During investigation Imran, son of the deceased, made statement under section 161 of the Cr.P.C.
To the effect that his mother Mst. Shadan had developed illicit relations with co-accused Rafiq who used to visit her during absence of his father. Mst. Bushra used to act as go-between. He had been apprising his father of this situation. On the night between 10/11th April, 1988, Rafiq, Ibrahim, Younis and Majid accused came to their house when his father was away. He waited for him but he did not return and he went to sleep. At about 4 a.m. He woke up on hearing the shrieks of his father and found that aforesaid co-accused Rafiq was holding his father by his neck, Ibrahim accused was keeping a piece of cloth on his mouth and pressing it, Majeed was holding his testicles and his mother was holding his legs. Younis co-accused started causing injuries on his face and forehead with a pistol (not by firing it). The deceased resisted but Ibrahim co-accused got on his body and he became senseless. Thereafter Rafiq accused gave him electric shocks by placing electric wire on his hands. Then Ibrahim, Rafiq, Younis and Majeed accused physically lifted his father while his mother opened the door of the Haveli and they took away the dead body. His mother threatened him that he would also meet the same fate if he narrated the incident to any one. She sent him to his maternal grand-father and he remained in his house till 18th April, 1988.
5. Learned counsel for the petitioners contends that except uncorroborated statement of Imran, aged 12 years, there is no other direct evidence on the record to support the prosecution version. It is further submitted that the petitioners are not shown to have any motive against deceased.
Learned counsel for the State submits that Muhammad Younis petitioner had taken active part in the commission of murder, therefore, he is not entitled to the concession of bail. However, he does not oppose the prayer regarding Mst. Bushra.
6. I have considered the submission made by learned counsel for the parties in the light of material available on the record. Imran PW is the son of the deceased. He has absolutely no motive against the petitioners and their co-accused. One of the principle accused is his real mother. His statement finds ample support from the post-mortem report. A specific role has been attributed to Muhammad Younis petitioner. He is alleged to have caused injuries to the deceased on his face and forehead. I am, therefore, not inclined to admit him to bail at this stage. The petition in so far as it relates to him, is dismissed.
7. The only allegation against Mst. Bushra is that she used to arrange meetings between Mst.
Shadan and her paramour co-accused Rafiq Furthermore she is a woman. She is admitted to bail in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Sheikhupura.
S.A./M-1635/L Order accordingly.