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Criminal Miscellaneous No. 626/8 of 1985, decided on 16th April, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Accused and her near relatives murdering her mother and her paramour‑‑Bail sought on ground that her two co‑accused had already been granted bail‑‑Accused having a one year old baby who was also confined in jail‑‑Entire family of accused having been roped in‑‑Occurrence appearing to be result of grave and sudden provocation‑‑Accused having a suckling child, held, was entitled to bail.
Sardar Nazar Hussain Dogar for Petitioner.
Muhammad Shah Nawaz Khan for the State.
The petitioner alongwith her husband, sister and brother stands charged with the murder of her mother Mat. Khurshid Bibi and her paramour Niamat Ali on 23‑8‑1984. The petitioner was allegedly armed with a Chhuri which he used on both the deceased.
2. The motive for the offence was that Mst. Khurshid Bibi, mother of the petitioner had eloped with Niamat Ali deceased about 8/10 years ago. Since about 1 months before the occurrence, they came back to the village of the petitioner and started living together in a separate house. The petitioner and her brother, sister and husband could not tolerate that and they‑killed both of them. The occurrence was witnessed by Bashir Ahmad, Fazal Karim and Shah Muhammad. Bashir Ahmad has filed an affidavit to the effect that he did not see any occurrence.
3. Learned counsel for the petitioner states that Mst. Sarwar Bibil and Waliayat co‑accused are already on bail. It is also stated that the petitioner has a one year old baby, who is also confined in the jail. He further states that the entire family has been roped in. It is next stated that even from the prosecution case it appears that the occurrence was the result of grave and sudden provocation.
4. The petitioner has a suckling child. Accordingly, I admit her to bail in the sum of Rs. 15,000 with two sureties in the like amount to the satisfaction of A. C., Faisalabad.
M.A.K
Bail granted
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