DR. GHOUS MUHAMMAD, J.- The applicant is involved in crime No. 173/97. Registered P.S. Tipu Sultan, Karachi East, for the offence under section 302, Qisas and Diyat Ordinance. Her request for anticipatory bail was rejected by the learned trial Court on 1-8-1997.
2. Notice of this application was given to State, and complainant as well as the I.O. And they are also present today. I have heard all of them.
3. The alleged incident took place on 25-4-1997 at 2030 hours when deceased Razia sustained bum injuries and was admitted in the hospital, where she expired on 27-4-1997. According to record the FIR was registered on 17-7-1997 wherein application of complainant Nizamuddin was incorporated and it reads as under: "That the sister of the complainant namely Razia was married to one Muhammad Hanif. That Muhammad Hanif started maltreatment with the sister of the complainant. The complainant party' advised him several times but he failed to ameliorate himself and consequent thereon we brought our sister at our house. That at the instance of certain respectable persons of the community we sent back our sister with her husband namely Hanif. That on 25-4-19% at 4.00 p.m. Muhammad Hanif visited the house of the complainant and asked for Rs. 15.000/- but the complainant told him that he cannot arrange the amount in question as he had spent the amount in the construction of the house. That further the accused Muhammad Hanif threatened the complainant for dire consequences in case he would not get the money in question. That afterwards Hanif visited the house of the aunty of the complainant and informed that at 2.30 a.m. That Razia has been burnt and serious in the Civil Hospital. That afterwards the family of the complainant informed the complainant party about the incident and the whole family resisted Civil Hospital wherein they saw that Mst. Razia regained her senses after few hours and members of the house asked her about, the factual position and after narrating the whole incident, she inquired from the complainant parry whether Hanif or any of his relative are present in the room or not? The complainant party told her that none of them is present -there. At that time some of mv family members and relatives, were present outside, whose names are, Rasheed Ahmad s/o Mehtab, Naseeruddin s/o.
Allahditta, Nasir Ahmad s/o Rasool Khan, Akhtar Hussain s/o Hussain Shah. Fazia deposed that Hanif on the fateful night turned up in the house at late hours and she asked him about certain articles and he started beating. That afterwards the' mother-in-law of Razia namely Zainab and brother-in-law Sharif also attacked and they abused her. Afterwards Muhammad Hanif, Muhammad Sharif and Mst. Zainab tied her with rape by the charpai. beseeched them, but Hanif sprinkled kerosine oil on me and set me on fire, and then took my both children and went out. I cried so much, but they did not hear to it. I apprehend that he might set my children on fire. On this we took custody of both the children with us. thereon after 32 hours, on 27-4-1997. In the morning she expired. On this I narrated the incident P.S. Tipu Sultan on which the police arrested Muhammad Hanif and Muhammad Sharif, but after some interrogation, they were let of. We request that after lodging the report, investigation may be entrusted to some good Police Officer so that justice be done to us. We hope, that by taking action against the accused, we would be encouraged."
Immediately after the incident, P.S. Tipu -Sultan was informed by MLO concerned about the admission of deceased Mst. Razia and ASI Dilawar Hussain of said police station went to hospital on 26-4-1997. He succeeded in recording her statement before 6.00 p.m. In presence of her husband and other relatives, wherein she stated that she sustained injuries while she was pouring kerosine oil in the stove at 11.00 p.m. And in that precess the oil dropped on her shirt and suddenly the fire broke out and her clothes as well as some pans of her body were also burnt by the fire.
Thereafter from police papers it appears dial no further action was taken, hut the complainant who is brother of deceased submitted application to the higher police officials and ultimately the above-noticed FIR was recorded.
4. I have beard learned counsel for the applicant. Learned AAG. And perused the record. Learned counsel for the applicant submitted that ASI Dilawar Hussain of P.S. Tipu Sultan recorded dying declaration promptly in presence of witnesses which is an important piece of evidence. However, learned State counsel while opposing the bait application submitted that statements under section 164 Cr.P.C, of PWs were got recorded on 30-7-1997 wherein they have fully implicated the present accused.
5. Keeping in view , the facts and circumstances of the case and after making tentative assessm ent of the evidence available with the prosecution, in my humble view, the case requires further inquiry . Therefore, bail already granted to the applicant is confirmed, subject to her furnishing surety in the sum of Rs. 50.000/- with PR bond in the like amount, to the satisfaction of the learned trial Court.