MAQBOOL BIBI Versus STATE

ORDER

Petitioner seeks bail in case F.I.R. No.169 under section 302/324/34, registered at Police Station Saddar, Gujranwala, on 12-3-1993, on the grounds, that she has been falsely implicated in this case; that although she is alleged to have thrown grinded chillies in the eyes of the deceased before he was caused injuries by her co-accused yet the same does not rind support from the post-mortem report, as it is not noted therein any signs of chillies having been put in the eyes of the deceased were observed; that apart from the above allegation, the only other allegation is that she had escorted her co-accused to teach the deceased a lesson; that she is about 55 years and her husband and son also stand arrested alongwith her for having been named as accused; and that she is in jail for about eight months and even the challan has not been submitted to Court what to say of trial.

2. According to F.I.R., the deceased was called to the house of the accused on the pretext of settling the dispute amongst him and the accused and that when he reached there, the petitioner threw grinded chillies in his eyes and gave a Lalkara to his son and the husband to teach him a lesson for having demanded the money whereupon her husband Latif gave him injuries with the Sarya on his head and other parts of the body while her son Sajjad fired two shots which struck him on the abdomen and buttocks etc.

3. Excepting the proverbial allegation of Lalkara the other allegation levelled against the petitioner is that she had thrown chillies in the eyes of the deceased before he was attacked. Although no finding can be given regarding that allegation at this stage yet the fact remains that the doctor who had performed autopsy had not noted in the post-mortem report that he had observed any signs of chillies in the eyes of the deceased. She is of advanced age and her son and husband also stand implicated and arrested in this case. A period of about eight months has already passed. In the circumstances, I feel inclined to exercise discretion in her favour.

The petition is, therefore, allowed. The petitioner shall be released from jail on her furnishing bail bonds in the sum of Rs. twenty-five thousand with two sureties, each in the like amount, to the satisfaction of A.C. Gujranwala.

N.H.Q./M-1337/L Bail allowed.