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Criminal Miscellaneous No. 3381‑B of 1984, decided on 10th December, 1984.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail‑‑Allegation against accused that she murdered her husband with help of her paramour, by throwing kerosine oil on her husband and then setting his body on fire‑‑Husband dying in hospital as his body was burnt all over with ninety per cent surface peeled‑‑High Court allowed accused bail only on ground of being lady and as such entitled to bail, without commenting on statements of prosecution witnesses.

Waheed‑ur‑Raman Gillani for Petitioner.

Ch. Muhammad Iddrees for the State.

This is a petition under sections 498, Cr.P.C. by Mst. Raeesa, petitioner, for bail in respect of a case instituted against her and one other under section 302/34, P.P.C. at Police Station Qilla Gujjar Singh, Lahore, on 8‑10‑1984.

2. The prosecution case in brief is that Mst. Raeesa, petitioner, the wife of Muhammad Ikram alias Binya, deceased, was carrying on with Rafaqat alias Chhota, co‑accused and the deceased suspected that his wife and her paramour would kill him, which suspicion he conveyed a number of times to Haji Abbas Ali, complainant. Muhammad Salim and Muhammad Anwar P.Ws. The prosecution case is that on 8‑10‑1984 at 1‑00 a.m. Mst. Reeesa, petitioner, alongwith her paramour Rafaqat alias Chhota, co‑accused threw kerosene oil on the person of Muhammad Ikram alias Binya, deceased and set his body on fire, as a result of which the said deceased died of third degree burns on the same day at 3‑30 a.m. Muhammad Salim and Muhammad Anwar P.Ws. are alleged to have witnessed the occurrence. According to Muhammad Salim P.W. he was returning from a cinema et about 1‑00 and was proceeding to the house of his uncle in Dera Bandhan Shah in Qila Gujjar Singh, when he heard alarm from the Katri of Baddar‑ud‑Din and when he entered the same, he saw the deceased raising alarm and his body on fire. On inquiry the deceased told him that his body had been set on fire by the petitioner and his co‑accused, after they had thrown kerosene oil on his person. It is the case of Muhammad Anwar P.W. that he had a programme with the deceased to see the night show, but when he went to the cinema the deceased did not turn up and he saw the film and after it finished he proceeded to the house of the deceased to enquire why he had not turned up. When he reached Ihata Baddar‑ud‑Din, he heard alarm and when he entered the Haveli, he found the deceased raising alarm with his body burning and on his inquiry the deceased told him that the circumstances in which the petitioner and the co‑accused had thrown kerosene oil on his body and lit it up. Muhammad Younis P.W. is the third witness relied upon by the prosecution. According to his version, when he went to the hospital, the deceased told him the manner in which the petitioner and the co‑accused had set his body on fire.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the police file. The medico‑legal report of Muhammad Akram, deceased shows that he was admitted to the hospital on 8‑10‑1984 at 2‑00 a.m. when he was unconscious and gasping for breath whose body was burnt all over with ninety per cent surface peeled. I would not, therefore, like to comment on the fact whether the statement of Muhammad Younis P.W. can be relied upon. Muhammad Salim and Muhammad Anwar P.Ws. apparently are residents of Yakki Gate and Lohari Gate, respectively. The question whether they actually came all the way to Qilla Gujjar Singh on the dead of night on 8‑10‑1984 and saw, what they allege to have seen, are matters which will have to be dealt with by the trial Court after evidence is recorded. However, for the purposes of the present case, I would only say that since Mst. Raeesa, petitioner is a lady, she is entitled to be released on bail.

4. For the foregoing reasons, this petition is accepted and Mst. Raeesa, petitioner, is released on bail, subject to her furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Cantonment, Lahore.

H.A.K. Bail granted.

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