1. GUL ZARIN KIANI, J.-- It is petition for bail by Riasat Ali who alongwith Falaksher, Bahawalsher, Sajjad Hussain, and Mst. Razia is accused of causing murder of his wife Mst. Safia Begum on 28-5-1989.
2. Mst. Safia Begum was first married to Sultan. From him she 'ad a son Zulfiqar Ali and five daughters.
3. The aforesaid Sultan was murdered some 12/13 years before the registration of the instant criminal case against Riasat Ali and others. Thereupon, Mst. Safia Begum re-married Riasat Ali, a real brother of Sultan deceased. From this marriage, she has a son and a daughter. Upon demise of Sultan, Zulfiqar his son got a share in the property left by him. His uncle, Riasat Ali wanted the share of Zulfiqar to be mutated in his name and for that purpose was persuading Zulfiqar's mother Mst.
4. Safia Bibi to assist him. Mst. Safia Bibi did not oblige. On 27-5-1989, Riasat Ali and his first wife Mst.
5. Razia left for Bahawalnagar to attend the hearing in a murder case. While leaving for Bahawalnagar, Riasat Ali is alleged to have asked his son Sajjad Hussain, Bahawalsher, and, his brother Falaksher of Bahawalnagar to do away with Mst. Safia Bibi. Consequently, on the succeeding day, they took out Mst. Safia Bibi on a false pretext of selling some gold. When she did not return home, it aroused some suspicion. Thereupon, Muhammad Anwar, brother of Mst. Safia Bibi alongwith his son Falaksher and nephew Zulfiqar Ali searched for her. On the same day at about 2 P.m. Her dead body was found lying, wrapped in a gunny bag near a rajbah. Muhammad Anwar then reported the matter to the police of police Station, Khanqah Dogran, District Sheikhupura, which registered a case against the accused persons under Sections 302/148/149/109 PPC. Mst. Razia was admitted to bail on 26-9-1989. Sajjad Hussain accused was bailed out on 28- 5-1990. Falaksher and Bahawalsher are stated to be the absconders. Riasat Ali is in jail for the past about one year .His trial has not yet commenced.
6. Naturally, is. Likely to take some more time. Zulfiqar Ali, real son of Mst. Safia Bibi from her former husband Sultan gave affidavit to exonerate Riasat Ali from the charge of murder levelled against him. Learned Additional Sessions Judge gave the benefit of his affidavit to Sajjad Hussain accused but declined in case of Riasat Ali. There are only two witnesses to the talk of Riasat Ali exhorting other accused to do away with Mst. Safia Bibi. Those two witnesses belonged to village Mangat.
7. They are related to Mst. Safia Bibi. Apart from their testimony, there is no evidence to connect Riasat Ali with the offence of murder. Whether or not, the afore-stated two witnesses were present in the house of Riasat Ali at the time of his leaving for Bahawalnagar and whether he had asked Falaksher, Bahawalsher and Sajjad Hussain to cause murder of Mst. Safia Bibi in his absence are the matters which need examination at the trial in the light of evidence yet to be produced. No avoid prc-judging the issue, I have in their credibility as also the probability of their presence in the house of Riasat Ali at the opportune time. Actual murder was not witnessed by any person. Police record indicates that the statement of above material witnesses were recorded two days later.
8. Meanwhile, they did not inform the police. This and other circumstances noted above make it a case of further inquiry into the guilt of the accused-petitioner. There is no allegation that the petitioner shall flee from the trial or subvert its course by suborning the prosecution on evidence.
9. Further, the prosecution has no material to show that the petitioner has any hand in the absconsion of two other accused therefore in my opinion, a case for bail is made out. Accordingly, the petitioner (Riasat Ali) is allowed bail subject to his furnishing bail-bonds in the sum of Rs. 75, (KK)/- with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Sheikhupura/Duty Magistrate.