MST. SABAN ALIAS KALO Versus THE STATE
ORDER
1. On the basis of the statement made by Wali son of Shahbaz Khan, the Qadirpur Police Station registered a case under the provisions of section 302 read with section 34 of the Pakistan Penal Code against the petitioner and the co‑accused Safdar and Faiz Ullah.
2. In brief, the facts of the case as stated by the first informant are that on the fateful night, he alongwith Bahadar and Manzoor were returning after attending a meeting of the Bradari to their house from village Luttu, they had a torch with them. According to the first informant, when they reached near Chah Yareywala, they heard some noise/ altercation in the cluster of date trees. In the light of the torch, the first informant and the witnesses saw the deceased Falak Sher in the grip of the co‑accused. Safdar was armed with a gun and Faiz Ullah was armed with a pistol. The deceased was trying to get himself released. No sooner, the petitioner reached the scene of occurrence, Safdar fired a shot at Falak Sher hitting him on the left side of the chest. Hue and cry raised by the complainant and witnesses but they were threatened by Safdar and Faiz Ullah and thereafter, both Faiz Ullah and Safdar escaped from the scene of occurrence. It was further alleged that while leaving the spot, Faiz Ullah left his carbine at the scene of occurrence.
3. The background of the crime as stated in the F.I.R. was that the petitioner was carrying on illicit liaison with both the deceased and Safdar co‑accused. On the fateful night, the petitioner had promised to see the deceased and had also simultaneously informed the co‑accused Safdar and Faiz Ullah. Falak Sher deceased had also informed his friends about his meeting with the petitioner on the fateful night. According to the F.I.R., the deceased resented the illicit liaison between Mst. Saban petitioner and Safdar.
4. The Investigating Officer present in Court states that Mst. Saban has made an extra‑judicial confession showing her involvement in the entire affair and as to the murder of Falak Sher deceased. According to the Investigating Officer, Mst. Saban was present at the scene of occurrence. This fact is belied by the tenor of the F.I.R., if at all, she had been there, the first informant would have mentioned about her presence in the F.I.R. I would not further go into the merits of this case at length lest it may prejudice either side. Suffice, it would be, that in my view, it is a case of further enquiry and, therefore, the petitioner is entitled to the grant of bail. Besides that, the case of the petitioner is also covered by proviso to subsection (1) of section 497, Cr.P.C. because the petitioner is a female. Accordingly, I direct that the petitioner shall be released on bail, provided she furnishes security in the sum of Rs.50.000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Jhang.
5. S.A./S‑134/L Bail allowed.