JUDGMENT UAZ NISAR, J.- M&Najma Bibi petitioner along with others is charged with the murder of Ashraf Hussain Shah deceased.
2. The prosecution case is that Ashraf Hussain Shah deceased, husband of M&Najma Bibi petitioner owned 45-Acres of land, His relations with his were were strained on account of her illicit relations with her brother-in-law, namely Iqbal Hussain Shah. In order to grab the land of Ashraf Hussain Shah deceased, Iqbal Hussain Shah afore-mentioned wanted to eliminate him. About 25 days before reporting the matter to the police, Mushtaq Hussain Shah and Iqbal Hussain Shah along with two other persons wearing police uniforms came to the house of the deceased and called him out.
After having some conversation with him in private, they took him along with them whereafter he did not return. After sometime his dead body was recovered from a canal. After unsuccessfully carrying out search for him, his mother Mr.. Musharraf Bibi reported the matter to the police on 28.7.1991.
3. Mst Najma Bibi petitioner was arrested on the basis of extra judicial confession made before Khurshid Bibi, Imtiaz Bibi and Gulzar Bibi disclosing that she had got her husband killed with the help of her brothers by hired assassins.
4. Bail for Mst Najma Bibi petitioner is claimed on the grounds that she is not named in the F.I.R, as an accused person nor is any suspicion raised against her of having any had in the minder of Ashraf Hussain Shah deceased. The alleged extra judicial confession pressed into service by the prosecution was made about nine months after the occurrence. Ishtiaq Hussain Shah co-accused of the petitioner is stated to be on bail. According to her learned counsel, she was not arrested by the police for a long time for want of any material against her.
5. Learned counsel for the complainant has opposed the grant of bail to the petitioner on the ground that she had been absconding for a period of two years.
6. Except the extra judicial confession, allegedly made by her about nine months after the occurrence, there is no other material of the alleged conspiracy hatched by her.
7. Keeping in view the above circumstances, it appears to be a case of further inquiry. Accordingly, I admit her to bail in the sum of Rs.30,000/- with two sureties in the like amount to the satisfaction of Assistant Commissioner, Pattoki.