KHALID PAUL KHAWAJA, J. - On 1-12-1995 at Police Station Lower Mall, Lahore a case under Section 302/34 PPC was registered against Mst. Musarrat Bano, Mst. Riffat, Mst. Nasim Begum, Qaisar and Nasir accused at the instance of Muhammad Iqbal complainant. It was alleged that on 27-2-1995 the aforesaid accused deceitfully took away the complainant's brother Muhammad Saleem alias Cheema deceased to their house where he was given Kick and fist blows as a result of which he died. It was also stated that Mst. Riffat took the deceased to Munshi hospital for treatment where he was declared dead. The motive for the occurrence was sated to be that Mst. Riffat who was a woman of immoral character want to marry the deceased in order to grab his money and that since he had refused to marry her she alongwith her co-accused had killed him.
2. - Mst. Musarrat Bano and Mst. Riffat accused petitioners herein, who were arrested on 7-12-1995 have applied for their post-arrest bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. Admittedly, there is no ocular evidence of the occurrence. The evidence which the Investigating Agency has collected against the petitioners consists of circumstantial evidence.
5. Post-mortem examination of the deceased was conducted on 2-3-1995. 'Six injuries caused by blunt weapons were detected on the person of the deceased. The Medical Officer reported that the cause of death would be determined after the receipt of the report from the Chemical Examiner to whom viscera of the deceased was sent for analysis and report. So far his final opinion has not been obtained. However, the Chemical Examiner has reported that Morphine was detected in the small intestines, stomach, liver, spleen, kidney and blood of the deceased. About the cause of death he reported that the same could be due to both neuorogenic shock caused by testicular injury as well as intake of Morphia. Learned counsel for the petitioners has contended that since the cause of death had not been conclusively determined the case required further inquiry.
6. Mst. Musarrat Bano petitioner who is mentioned as Mst. Daro in the FIR is the mother of Mst. Riffat petitioner. Both the petitioners are women. Mst Musarrat Bano has a suckling baby of 6/7 months.
Since the only evidence against them is circumstantial and they are ladies I am of the opinion that they are entitled to the concession of bail. Consequently, I allow this application and admit the petitioners to bail in the sum of Rs. 20,000/- each with one surety each in the like amount to the satisfaction of A.C/Ilaqa Magistrate, Sadar, Lahore.