This is an application for bail after arrest moved on behalf of Manazar Bibi alias Bobi and Nazia Bibi who are involved alongwith their father Khadim Hussain in a case under Sections 302, 452, 337A(i) read with Section 34 PPC registered at Police Station Chub Kalan, District Khanewal on 27.7.2003.
The prosecution case, in brief, is that on 27.7.2003 at about 9 p.m. Khadim Hussain accompanied by his two daughters, the present petitioners, entered the court-yard of the house of Raees Ahmad, complainant, Khadim Hussain was armed with a toka, while, Nazia Bibi and Manazar Bibi were carrying Chhuri and Sota, respectively. Khadim Hussain attempted to give a toka blow to Muhammad Hussain but unfortunately it hit Mst. Amiran on her left arm. Mst. Manazar Bibi clasped Muhammad Hussain P.W. and Mst. Nazia allegedly gave a chhuri blow to Mst. Nasim Bibi P.W. causing an injury on her cheek.
3. The motive for the offence, as per FIR, is that shortly before the occurrence Muhammad Hussain, P.W. had chopped of few branches of date palm three and brought to his house. After the postmortem examination, the police recorded the supplementary statement of the complainant in which he deposed that Nazia Bibi had also given a chhuri blow to Mst. Amiran Bibi.
4. Learned counsel for the petitioners argued that as per FIR, both the petitioners did not cause any injury to the deceased and the improvement made by the prosecution by way of recording the supplementary statement of the complainant after the postmortem examination makes the prosecution story doubtful.
5. Learned counsel for the complainant vehemently opposed the release of the petitioner. He argued that the petitioners have actively participated in the occurrence and after the commencement of the trial, it would not be proper to release them on bail.
6. I have considered the arguments and have perused the record. Mst. Manazar Bibi has not caused any injury to any person. Similarly, Mst. Nazia as per FIR had also not caused any injury to Mst. Amiran-deceased. Both are females. Mst. Nazia Bibi has also a suckling baby with her. I, therefore, feel inclined to accept this petition and order the release of both the petitioners on bail subject to furnishing bail bond in the sum of Rupees One Hundred Thousand, each with one surety each in the like amount to the satisfaction of the trial Court.