NIAZ MUHAMMAD Versus STATE
ORDER
1. Applicant Niaz Muhammad, who is accused in Crime No.359/93 under section 302 of P.P.C. registered at Police Station Quaidabad, Karachi (East), has approached this Court for bail after his bail application moved it the Court of VIIth Additional Sessions Judge (East), Karachi is dismissed by the Link Judge on 5-10-1993.
2. The facts of the case are that on 7-5-1993 one Hazrat Khan lodged a report at Quaidabad Police Station in which he had stated that his sister Zohra Bibi, was married to the applicant Niaz Muhammad about 1-1/2 years back. He had also stated that Niaz Muhammad used to assault Mst. Zohra Bibi who was pregnant and had vomited blood but was not taken to hospital. This information was entered in Roznamcha book. The police visited the house of Mst. Zohra Bibi who was found dead and was sent for post-mortem examination. The post-mortem report was received on the basis of which F.I.R. was registered under section 302 of P.P.C. against the applicant. It is contended by applicant's, learned Advocate that the report of the incident which took place on 7-5-1993 was registered on 20-7-1993 and the delay is not explained, that the 161, Cr.P.C. statements of the P.Ws. are recorded after inordinate delay of three months, that the medical evidence is not consistent with ocular evidence and that there are serious flaws in the prosecution case. According to the learned Advocate these circumstances conclusively show that applicant's case requires further enquiry. In support of all these contentions learned Advocate referred the judgments reported in 1977 P Cr. L J 159, 1993 M L D 2189,1986 P Cr. L J 1056, P L D 1982 Pesh. 85 and 1975 P Cr. L J 750. Bail is opposed by the learned A.A: G. who has argued that the deceased was the wife of the applicant and they were living alone in the house, that the complainant Hazrat Khan who is the brother of the deceased had seen the deceased lying in the house and vomiting blood as a result of maltreatment by applicant, that the report was immediately lodged by complainant which was noted in the non-cog register and the dead body of Mst. Zohra was sent for post-mortem examination and the report shows abrasions over the abdomen and two other external injuries and that there is strong circumstantial evidence to connect applicant with the alleged offence.
3. I have heard the learned counsel and perused the record. The very first information conveyed by complainant at the police station was that his sister Mst. Zohra Bibi was maltreated by applicant, her husband. The police on their visit to the house found Mst. Zohra Bibi lying dead and her dead body was referred for post-mortem examination and on the basis of the certificate F.I.R. under section 302, P.P.C. was registered. There is no delay in lodging F.I.R. as such. The medical report also shows external injuries on the deceased. It would be too early to consider various contentions raised by applicant's learned Advocate at the bail stage as deeper appreciation of the evidence cannot be made while disposing of the bail application. There are no reasonable grounds to believe that the applicant is not guilty of the offence with which he is charged. The alleged offence is punishable with death or imprisonment of life. In my view, the case of applicant does not require further enquiry and the bail application is accordingly dismissed.
4. N.H.Q./N-492/K Bail refused.