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CAminal Miscellaneous No. 1400/B of 1982, decided on 19th .lure, 1982.
S. 497-Bail, grant of-(Murder case) -Petitioner wife of deceased, allegedly conspiring with her paramour for murder of deceased' about eight days prior to occurrence and after murder of deceased by such paramour approving of it---Witness, allegedly overhearing conversation between petitioner and her paramour yet keeping quiet for eight days and neither informing deceased nor his relatives about conspiracy for his murder-Bail allowed, in circumstances.
Khushi Muhammad deceased was husband of Mst. Surraya Bibi petitioner. The deceased was murdered on the night between 15/16th April, 1981. The case was registered on 16th April, 1982 at 4-00 p.m. at Police Station Naushera Wirkan, on the statement of Mst. Surraya Bibi, She had alleged in the F.I.R. that her husband was murdered by Bashir Ahmad, Nawab, Falak Sher and Asghar near the sugarcane crushing machine. According to Mst. Surraya Bibi, the occurrence was witnessed by Muhammad Sadiq co-accused and Sher Muhammad.
2. During the investigation of the case, it was found that the petitioner had conspired with Sadiq co-accused for the murder of her husband as both of them wanted to clear their way by doing away with the deceased. Muhammad Sadiq was alleged to have caused injuries to the deceased. The only allegation against the present petitioner was that eight days prior to they occurrence, Mst. Rashida Bibi heard conversation between the petitioner and co-accused Sadiq about the murder of Khushi Muhammad and that after the murder was committed, Muhammad Sadiq co-accused informed the petitioner that he had murdered the deceased and the petitioner approved of it.
3. Mst. Rashida Bibi kept quiet for eight days and did not inform the deceased or any of his relatives that conspiracy had been hatched between Mst. Surraya Bibi and Sadiq co-accused. The other piece of evidence that petitioner approved the act of Muhammad Sadiq could not directly involve the petitioner. Keeping these circumstances into consideration, I admit the petitioner to bail in the sum of Rs. 50,000 (Rupees fifty thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujranwala. The order shall be without prejudice to the merits of the case.
Bail granted.
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