Criminal Bail No. 413 of 2003.

1. For orders on M.A. 1053/03

( Certified copies of annexures not filed)

2. For hearing_______________________

15.4.2003

            Mr. M.Ilyas Khan, Advocate for the applicant.

            Mr. Fazal-ur-Rehman Awan, Advocate for the State.

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            In the morning of 16.8.2002 the staff of  Grand Mission School Sector 11-E Orangi Town, Karachi felt obnoxious smell in the building. On checking a  dead body of a strengthened  young man namely Muhammad Shakeel was lying in one  room of the School.

             The parents of Muhammad Shakeel and Police were informed about the presence  of dead body and they arrived there. Abdul Salam Qureshi the father of Muhammad Shakeel @ Kashif identified the body of his son. After some paper work at School the dead body was removed to Abbasi Shaheed Hospital  for post mortem. After that  Abdul Salam Qureshi lodged the FIR with Orangi Town Police stating therein that on 13.8/2002 at about 7:00 P.M. Shakeel left the house and did not return thereafter.

            During investigation Uzma Naz the Head Mistress of the School was interrogated  she is said to have informed that on 13.8.2002 she was available in the school in the evening in connection with celebration of the independence day on 14^th August, where her ex-student Muhammad Shakeel deceased came. After that four other boys entered the premises out of whom one was Sufyan. One of those four boys demanded keys of the office and gate, on her refusal to handover the keys that boy  inflicted Churri blow on her hand. She then delivered the keys to them. She further informed that she had she had written some substance on the paper under the direction of the culprits who asked her  not to disclose anything to anyone  else   she shall be slautred. She further informs the       that she then went away.   That on 15.8.2002 School was closed and on 16.8.2002 they felt smell and found dead body of Muhammad  Shakeel available in the room.

            After getting substantial clue from Uzma it is said that Sufyan was arrested together with Muhammad  Imran and they are said to have furnished detailed information. Sufyan is alleged to have  confessed the guilt before Judicial Magistrate. Naming Muhammad Imran, Kashif, Rehan and Rizan as his accomplices.  Other evidence including the recovery of crime weapon was considered by the I.O.

            In the result of investigation interim charge sheet was submitted against Sufyan and Imran Khan, showing  Uzman Naz as witness. On completion of the investigation final challan was submitted adding Uzma Naz  and Muhammad Amjad also as accused .  In challan Section 201 and 202 PPC were also added to Section 302 PPC.

            The trial Court dismissed the application for bail filed by Uzma Naz therefore the present bail application has been filed.

            Mr. Muhammad Ilyas Khan the learned counsel for the applicant contended that infact Uzma Naz had witnessed  the part of the incident and was actually named as witness in the interim challan but latter on was sent as one of the accused. Learned Advocate further argued that the entire evidence collected by the prosecution is that Uzma had intimacy  with deceased Muhammad Shakeet and on the day of incident he wanted her to accompany him outside but she refused.  Further that one of the culprits inflicted Churri on her hand when she refused to handover the keys and then some substance was got written from her  on paper. According to the learned Advocate only allegation against Uzma Naz is that she did not disclosed the commission of offence and the presence of dead body in the School. According to the learned Advocate there is no evidence to connect Uzma Naz with the murder of Shakeel and the allegation is of the  offences under Section 201 and 202 PPC are bailable.

            Mr. Fazal-ur-Rehman Awan, learned State counsel contended that the writing which according to  Uzma Naz was got  written by her, was containing matter indicating the death of Shakeel but she suppressed every thing.

            Even if the contention of learned State counsel that Uzma Naz concealed the happening of  the incident still there is no substantial evidence to connect her with the actual murder of Muhammad Shakeel. The offences pertaining under 201 and 202 are bailable. Bail granted. Applicant Uzma Naz shall be released on furnishing surety in the sum of Rs.1,00,000/- and P.R. bond in the like amount to the satisfaction of the trial Court.

JUDGE