Mst. Anwar Bibt has prayed for grant of post-arrest bail in a case under section 302/34, P.P.C.
Registered at Police Station Buraiwala, District Sahiwal. The first information report was recorded on 1t1-2-19 9); at the complaint of Muhammad Jahangir, wherein it was reported that the dead body of Ahmad alias Ahmad wits found hanging with Shisham tree on the same day. Mst. Anwar Bibi wife of the deceased and Ashiq Hussain were suspected of having murdered Ahmad deceased.
2. Learned counsel for the petitioner contended that the petitioner was female; was a mother of seven issues from the deceased and was being involved falsely on account of lust for property left by the deceased. It was further submitted that the petitioner had a suckling baby which was now with paternal---uncle. According to him the medico-Icgal report did not support the prosecution case.
3, On the contrary, the learned counsel appearing on behalf of the State opposed the application and submitted that from the medico-legal certificate, it was clear that the deceased was, in fact, murdered. On the scrotum of the deceased there were injuries. Furthermore, Mst. Anwar Bibi had confessed her guilt before Subhe Sadiq on 10-2-1991 while Ashiq Hussain confessed before Ali Sher on 16-2-1991. 1t was argued that these two witnesses were independent witnesses" and this evidence was sufficient to connect the petitioner with the commission of offence punishable with death.
4. I have heard the learned counsel for the parties at considerable length. It is evident from the prosecution case that the first information report was lodged after two days of occurrence; that extra judicial confession was made on 10/16-2-1991 respectively; that the medico-legal report does not support the prosecution version. Apart from the merits of the case, the petitioner is a female and is entitled to the concession of bail. She is mother of seven issues and last is a suckling baby.
She is no longer needed for interrogation. I see no circumstances disallowing her concession of bail on the t basis of her sex.
5. In result this application is allowed. The petitioner shall be released on bail subject to the condition that she furnishes bail bond in the sum of Rs.50,000 with two sureties each in tile ilk:: amount to the satisfaction of the trial Court.