MUHAMMAD SHAMIM Versus ADDITIONAL ESTATE OFFICER

ORDER

This is a petition for grant of bail on behalf of Mst. Sughra and Mst. Jameela, petitioners, sisters inter se who with Zulfiqar Masih and Manzoor Masih are accused of having committing murder of Boota Masih (deceased) forcibly took away his wife Mst. Razia (real sister of the petitioners) from Gulshan-e-Ravi, suburbs of Lahore City, on 24-7-1993. Case F.I.R. No.234/93 was accordingly registered at Police Station Gulshan-e-Ravi, the same day, under sections 364 and 302/34; P.P.C. The petitioners as well as their co accused were arrested on 25-7-1993. Their bail plea was declined by the lower Court, hence this petition.

2. According to the prosecution, Mst. Razia, sister of petitioners, married Boota Masih against wishes of petitioners and their family and stated living in Gulshan-e-Ravi. On the day of occurrence, Zulfiqar Masih and Manzoor Masih armed with daggers accompanied by Mst. Sughra and Mst. Jameela, petitioners entered the house of Boota Masih. The said two male accused caused dagger blows to Boota Masih as a result of which he died at the spot and Mst. Razia was forcibly taken away by the petitioners with their help in a taxi car.

3. I have heard learned counsel for the petitioners as well as for the State and also perused the record.

4. It is stated that the petitioners were empty-handed at the time of occurrence and they did not cause any injury to the deceased. It is further stated that petitioners are women and their case is covered by first proviso to subsection (1) of section 497, Cr.P.C. therefore, they are entitled to the grant of bail. Learned counsel appearing on behalf of the State submits that petitioners are vicariously liable for the offence of murder as they came alongwith their male members, namely, Zulfiqar and Manzoor who committed murder and the ladies-petitioners helped them in taken away Mst. Razia from her husband's house forcibly.

5. I have carefully considered the contentions of learned counsel for the parties. Prima facie it appears that the ladies-petitioners had come to take Mst. Razia with them, but the question whether they shared the common intention of Zulfiqar Masih and Manzoor Masih, their co-accused in killing Boota Masih, husband of Mst. Razia, needs further inquiry. Furthermore, petitioners are women, they were unarmed and did not cause any injury whatsoever to the deceased. In this view of the matter, I feel inclined to allow this petition. Both the petitioners be released subject to their furnishing bail bonds in the sum of Rs.10,000 with one surety in the like amount each to the satisfaction of A.C./Duty Magistrate, Lahore.

N.H.Q./S-444/L

Bail granted.