SHAMAN AND 2 OTHERS Versus THE STATE

ORDER

This is a petition under section 497, Cr.P.C. by Shaman, Muhammad Bakhsh alias Mamman and Mohsin, petitioners Nos. 1 to 3, for bail in respect of a case instituted against them and four others under sections 302/364/34, P.P.C. at Police Station Bhawana on 10-10-1986.

2. The prosecution case in brief, as reported in the F.I.R., is that on the night between 6/7-10-1986 Mst. Jantan was abducted by Shaman and Muhammad Bakhsh, petitioners, and Allah Bakhsh and Nawaz, co-accused. The motive for the murder was that one Bahadur, the previous husband of Mst. Jantan, deceased, had met his death by an accident in 1985 and the said four accused with the two other accused had financed Mst. Jantan, deceased, to claim compensation for the death of her husband and that after she had received Rs.10,000 through compromise, she had refused to refund the amount financed by the petitioners and the co-accused. It was stated in the F.I.R. that Mst. Jantan, deceased, had been abducted in consultation with the petitioners, so that she could be secreted away for the ultimate purpose of murder.

3. During investigation, the police recovered burnt clothes of Mst. Jantan, deceased. The police also found Mohsin, petitioner, to be involved in the case.

4. I have heard the arguments of the learned counsel for the petitioners and the State and have perused the record. The following items of evidence appear against the petitioners:

(i) That statement of Ghulam Sarwar, complainant P.W., showing that the three petitioners in company with three of the remaining co-accused, had financed civil litigation of Mst. Jantan, deceased, and that after she had received Rs.10,000 through compromise, she did not refund the money advanced to her;

(ii) the statements of Ghulam Sarwar and Nur Ahmad P.Ws. showing that on 23-10-1986 Muhammad Riaz, co-accused, and Muhammad Bakhsh, petitioner, confessed having murdered Mst. Jantan, in company with Muhammad Sharif, co-accused, and Shaman and Mohsin, petitioners;

(iii) The statements of Ghulam Sarwar, Muhammad Anwar and Muhammad Bashir Khan Inspector P.Ws. showing that on 29-10-1986, Shaman, petitioner, led to the recovery of burnt pieces of clothes of the deceased from near Sarkanda bushes near a Nala; and

(iv) the statements of Ghulam Sarwar, Muhammad Anwar and Muhammad Bashir Khan Inspector P.Ws. showing that on 29-10-1986 Muhammad Bakhsh, petitioner, led to the recovery of a Toka from near the burnt bushes near the Sem Nala.

5. So far as Muhammad Bakhsh, petitioner, is concerned, there is the motive the extra-judicial confession and the recovery of the blood-stained Toka, to connect him with the crime. He is, therefore, not entitled to be released on bail. So far as Shaman, petitioner, is P concerned, there is only the motive and the recovery of the burnt pieces of clothes, which prima facie appear to be unidentifiable. So far as Mohsin, petitioner, is concerned, he is only connected through the extra-judicial confession, otherwise there is no tangible evidence against him. Without going on the record as having given any finding in the matter, I would only say that presently, on prima facie F examination of the case, there are no reasonable grounds to believe that Shaman and Mohsin, petitioners, are liable for the offences under sections 302 and 364, P.P.C. imputed to them. They are therefore entitled to be released on bail.

6. For the foregoing reasons, this petition is partly accepted and Shaman and Mohsin, petitioners Nos. 1 and 3, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Jhang. The prayer for bail of Muhammad Bakhsh, petitioner No. 2, is rejected.

S.G.D./S-189/L Order accordingly.