Through this application under section 497, Cr.P.C. Petitioner seeks bail after arrest in case F.I.R. No. 56 of 2003 dated 13-2-2003, registered under sections 302/324/34, P.P.C. At Police Station Rohilanwali, District Muzaffargarh, on the statement of Hakim Ali.
2. The brief allegation against the petitioner in the F.I.R. Is that Naseem Akhtar alias Akbari (petitioner) alongwith her co-- accused namely Wajid Ali, Muhammad Afzal, Muhammad Akram and Tafazul Hussain took the possession of her house forcibly and illegally after breaking the lock of the same. The matter came up before the Punchait for resolving the aforesaid controversy, wherein, Muhammad Asghar as arbitrator decided and patched up the matter. It is also alleged in the said F.I.R. That Irshad alias Teddi, and Khalil Went to Taffazul Hussain and Wajid Ali co-accused at the said house. Mst. Nasim Mai alias Akbari while armed with Sota and Taffazul Hussain armed with carbine came out of the house and took Irshad alias Teddi inside the house after dragging him. It is further alleged that the complainant and the P.Ws. Were standing at a short distance of the said house and they raised hue and cry and within their view Wajid Ali co-accused made ineffective firing wherein Tafazzul Hussain made straight fire at Irshad alias Teddi hitting him on the left side of the chest near the neck. The petitioner gave a Sota blow at the backside of his head and on raising hue and cry of complainant and the P.Ws. Mst. Noor Bharf were of the complainant also carne over there and Muhammad Akram accused made a fire with his pistol upon her hitting on her left arm. Mst. Nasim Mai petitioner/accused gave a Sota blow to Mst. Noor Bhari on backside of her head, Irshad alias Teddi succumbed to his injuries at the spot and died.
2. Learned counsel for the petitioner contends that four persons from the side of the petitioner also received injuries and the complainant party was in fact aggressor party and this fact has also been found correct during the investigation.
3. Learned State Counsel opposes this application on the ground that the petitioner is named in the F.I.R. With a specific role of causing injuries and the recovery of the Sota has also been effected from the petitioner.
4. I have heard the learned counsel for the parties and also perused the record. No injury with blunt weapon according to the State Counsel has been found on the person or the deceased which was attributed to the petitioner. There is nothing on the record which shows that Mst. Noor Bhari was medically examined. On the other hand, four persons from the accused side including the petitioner had received the blunt weapon injuries and these injuries according to the accused were concealed by the complainant during the investigation. Whether the petitioner had shared common intention with the co-accused for the murder of deceased and participated in the occurrence is a question which will be seen at the trial and for the time being she has succeeded in making out a case of further inquiry. The petitioner is also woman and her case too falls within the 1 proviso to section 497, Cr.P.C. She shall be released on bail subject to her furnishing bail bonds amounting to Rs. One lac with two sureties each is the like amount to the satisfaction of the learned Judicial/Ilaqal Magistrate.