GUL ZARIN KIANI, J.-- This is a petition for bail after arrest by Mst. Safia, Azam and Nazir accused of conspiring for causing murder of Dost Muhammad by Mutalli at morning time on 20,11.1989, in the area of village Ajnala of district Sargodha. Petitioners who arc alleged to have abetted/conspired the crime alongwith its actual perpetrator .Were arrested by the Police on 12.12.1989, and since then are in Jail as the under-trial prisoners. Investigation is complete against them. Challan for their trial has been filed in Court but charge has not been framed against them, though date for the commencement of trial on 7.8.1990 has been fixed.
2. Mst. Safia petitioner No.1 is uterine sister of Azam petitioner No.2. Nazir petitioner No.3 is their maternal uncle. Non-applicant Mutalli accused is real son of Nazir accused/practitioner No.3.
3. Mst. Safia was married to Dost Muhammad. Later, she was abducted by one Zafar Iqbal of Gujrat, and, a case under Hadood Laws was registered against him. Meanwhile, Ghulam Rasool, brother of Dost Muhammad deceased, was murdered and Zafar Iqbal and others were accused of causing his murder and criminal case was registered against them accordingly. Thereupon, My/.Safia was brought back home by Nazir, her maternal uncle. Some days before the fateful occurrence resulting in the murder of Dost Muhammad, Mst. Mari, Sadiq, Rehman and Allah Bakhsh went to the place of Nazir son of Hayat (petitioner No.3) for return of Mst. Safia to the house of Dost Muhammad. At the time of their visit to the refuse of aforesaid Nazir, all the four, namely, Mst. Safia, Azam, Nazir and Mutalli were silting together. In response to the request for return of Mst. Safia to the house of her husband, they said that she would not go and rejoin Dost Muhammad who must now divorce her, failing they shall get him murdered. Statements of Mari, Sadiq and Rehman are in line whereas that of Allah Bakhsh is slightly different from them.
4. On the fateful day, a person whose description was given in the first information report by Gehna stayed as guest for the night at the Dera of Rehman, and, in the morning while leaving caused injuries with hatchet to Dost Muhammad which resulted in his instantaneous death. All present, four in number tried to over-power and catch the culprit but he managed good his escape from the scene of crime. Later, the culprit was identified as Mutalli son of Nazir.
5. Charge against the petitioners is that they conspired together and abetted the murder of Dost Muhammad by Mutalli. There is no direct evidence to support conspiracy/abetment by the petitioners except an utterance attributed to them by Mari and others, who are close relations of the deceased Dost Muhammad. As the trial has yet to commence where the prosecution evidence to establish charge of conspiracy/abetment to murder shall be examined, I shall not comment upon kind, character and sufficiency of prosecution evidence to support the charge, lest it may pre-judge the issue. However, the case as a conspiracy/abetment in the light of prosecution evidence collected by the Police m course of investigation against the petitioners makes it a case of further enquiry into their guilt. Furthermore, petitioner No.1 is a female and is otherwise entitled to concession of bail in term of first proviso to sub-section (1) of Section 49f Criminal Procedure Code.
The factor that a date for trial has already been fixed, much pressed upon by the learned counsel for the complainant and the State, though relevant in the context but is not of much substance in the existing circumstances to deny concession of bail to the petitioners, who are in Jail over since the date of their arrest. I, accordingly accept the petition and direct release of the petitioners (Mst.
Safia, Azam and Nazir) subject to their furnishing bail- bonds in the sum of Rs.50,000/-(Rs. Fifty Thousand only) with two sureties each in the like amount in case of each accused, to the satisfaction of the learned trial Judge.
Copy Dasti on payment of usual charges.