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Criminal Miscellaneous No. 1430-B of 1981, decided on 16th June, 1981.
-------S. 497(2)-Petitioner involved in murder of her husband on basis of extra-judicial confession made before deceased's brother and others after 15 days of occurrence-One of such others attesting witnesses of number of recovery memos. and his attested blank sheets found in police file-No other evidence connecting petitioner with murder ----Petitioner a woman-Bail allowed in circumstances of case.
Ch. Muhammad Ashraf Azeem for Petitioner.
Muhammad Arshad Khan for the State.
The police record has been produced by Manzoor Ahmad, Assistant Sub-Inspector of Police. Two foolscap size blank sheets bearing description of Muhammad Qasim son of Ghulam Sarwar and Muhammad Qasim son of Muhammad Ramzan as also the signatures of the former and thumb impressions of the latter at the bottom are found in the police file. Muhammad Qasim son of Muhammad Ramzan and Muhammad Qasim son of Ghulam Sarwar have attested other recovery memoranda placed on the file. It is not known with what object and purpose the investigating officer secured the signatures and thumb-impressions of these persons on these blank sheets. It seems that he might have intended preparing some documents pertaining to the case which does not appear to be legal. The Registrar will send these sheet, explaining how they have come to the notice of this Court, to the Inspector-General of Police, Punjab, for taking action against the delinquent officer.
2. Mst. Lalan, petitioner, is the widow of Allah Wasaya deceased. The deceased was murdered during the night between the 17th and 18th February, 1981. She was present in the house at that moment. The only material against her is that on the 5th March, 1981, she made extra judicial confession before Muhammad Ibrahim, first informant and brother of the deceased, and Muhammad Qasim son of Muhammad Ramzan to the effect that she had illicit connection with Ghulam Muhammad, an accused in this case, and that she had conspired with him to do away with the deceased. Muhammad Qasim son of Muhammad Ramzan is attesting witness of a number of recovery memoranda and is the same person who thumb-marked the blank sheets referred to above. There is no evidence of direct involvement of the petitioner in the commission of murder of the deceased. Here is a case of further inquiry. Being a lady she is entitled to the 4 concession of bail as provided by section 497 of the Code of Criminal Procedure. Therefore, she is enlarged on bail on her furnishing security in the sum of Rs. 10,000 (Rupees ten thousand only) with two sureties in the like amount each to the satisfaction of the Assistant Commissioner and Sub-Divisional Magistrate, Mailsi.
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