This application for bail after arrest has been filed on behalf of Mst. Faiz Bibi, petitioner who alongwith the co-accused is involved in a case arising out F.I.R. No.6 of 2002 registered on 16-1- 2002 in Police Station Isa Khel under section 364/109/302/ 34, P.P.C.
2. The F.I.R. Was lodged by one Mst. Rubina Shaheen daughter of Muhammad Nawaz, a student of 8th Class. In the F.I.R. She had stated that her mother was having strained relations with her father Muhammad Nawaz for about 2-1/2 years and as such she was living separately. In the same haveli, her maternal cousins Muhammad Fayyaz, etc., also lived. Her mother used to work as a domestic servant in the houses of residents of the Mohallah. On 9-1-2002 her mother left for her work-place in the morning while the complainant left for the school. When she came back from school, her mother had not reached the house. Mst. Shamim Bibi a maternal cousin of the complainant told her that her mother had reached the house around 9-30 a.m., but had again gone away. The complainant searched for her mother but did not succeed. She suspected that her mother had been abducted by some one with intention to kill her. Thus the complainant reported the matter to the police.
3. It appears that subsequently the dead body of Mst. Alam Khatoon, deceased mother of the complainant, was found floating in Katcha area of Indus River within the limits of Mauza Gujranwala. Although the original F. I. R. Was registered under section 364, P.P.C., sections 302/34/109, P.P.C. Were added on the recovery of the dead body of the deceased. It also appears that after the investigation, the police found Muhammad Fayyaz, Muhammad Niaz, Abdul Rasheed as well as Mst. Faiz Bibi, the petitioner to be the actual culprits and prepared the challan against them.
4. It is correct that in the original F.I.R. Mst. Faiz Bibi had not been nominated as an accused.
Admittedly the F.I.R. Had been lodged by Mst. Rubina Shaheen, daughter of the deceased who is a student of 8 Class. The learned counsel for the complainant pointed out that Muhammad Fayyaz, accused had accompanied the complainant to the police station. He has asserted that the aforesaid accused suppressed the facts and had misguided the complainant. However, it was after the recovery of the dead body that the investigation revealed that Mst. Faiz Bibi, petitioner had instigated her co-accused to kill Mst. Alam Khatoon, deceased. The learned counsel for the petitioner has asserted that it was a blind murder and that Mst. Faiz Bibi, the petitioner who is closely related to the deceased, has been falsely implicated in this case, with ulterior motives and that she had absolutely no motive to instigate her co-accused to kill the deceased and further that being a lady, the petitioner is entitled to the concession of bail on that ground as well.
5. I have carefully considered the arguments. It appears that as a result or investigation, nothing favourable to Mst. Faiz Bibi had come on record and as a result of the investigation she was found to be one of the culprits. In consequence of the investigation it had been found that her co- accused had committed the offence in consultation with her and also as a result of her instigation.
The mere fact that Mst. Faiz Bibi, the petitioner is a lady does not entitle her to the concession of bail at this early stage. The petitioner, is alleged to have instigated the murder of the deceased i.e. Mst. Alam Khatoon. Under the peculiar circumstances of this case, she is not, entitled to the concession of bail. Therefore, the bail application filed by her is I accordingly dismissed.