FOR HEARING.
(Attention is respectfully invited that interim pre-arrest bail was granted by Mr. Justice Muhammad Afzal Soomro vide order dt: 4.12.03.) Honorable Mr. Justice Muhammad Afzal Soomro is not available to hold Court sitting at Principal seal, Karachi.
22.3.04
Mr. Asadullah Baloch, Advocate for the applicant.
Mr. Sardaruddin Qureshi, Advocate for the State.
By this order I intend to dispose of Criminal Bail Application No. 1459 of 2003 filed on behalf of the applicant Mst. Rasheeda, in a case Crime No. 167/03, registered at P.S. Saeedabad for an offence under Section 302/34 PPC. The bail plea of the applicant was declined by the learned IIIrd Additional Sessions Judge, Karachi West, wide order dated 15.11.2003.
The prosecution story as unfolded in the FIR is that on 18.12.1999 Complainant Mst. Farhat Ilyas appeared at P.S. Saeedabad and lodged FIR bearing No. 167/03, the details whereof are shown as under:-
“I reside alongwith my husband and children on the address as given in Column 2 above. I am Doctor. We are four sisters. My younger sister Rukhsana aged 38 was married 14 years ago to Yasin s/o Abdul Hameed, with consent of parents. My sister had no child. She was living with her husband in own house No. 1002, Sector 9-B, Saeedabad. A woman by name Rashida is living in the house opposite to the house of my sister. My brother-in-law Mohammed Yasin had illicit relations with her. My sister used to forbid him on which there used to be quarrel between husband and wife. My sister used to come to my house after quarrel land used to say that they will burn her and kill her. I used to console my sister and send her back to her house. On 26.7.2003, I was on duty in the hospital, when I was informed by Rashida that Rukhsana caught fire. I went to Murshid Hospital and found my sister burnt. I took my sister to Civil Hospital. In the beginning my sister for the sake of peace of the house kept the fact secret and said that she caught fire while burning lantern. She did not give statement against both. On 30.7.2003, my sister stated before lady MLO and my sister Afshan and a relative Baber that on 26.7.2003, Rashida came to her house and they had some PHADA (Quarrel) over Bisi (Pool money) she went away at that time her husband was also present. Rashida came again and sprinkled Caroline oil on her and her and her husband burnt her with matchbox stick and so she was burnt. She did not give statement against her husband and Rukhsana because her husband would leave her. Now that she had no hope for life so she was giving this statement in full senses. After giving this statement my sister died in the hospital. Police came to the hospital and completed formalities. Police made enquiry from my relatives and Mohallah people and my sister Rukhsana had also stated the fact that my sister Rukhsana was burnt by her husband Muhammad Yasin so Abdul Hameed and Mst. Rashida w/o Iqbal on 26.7.2003 at 7.30 p.m. in her house to remove the hurdle and maintain their relations. My sister succumbed to her injuries in the Civil Hospital. After consulting my relatives, I have come to police station, for report, along with my sister Afshan and a relative Baber. I say that my sister Rukhsana was burnt to death by Muhammad Yasin s/o Abdul Hameed and Mst. Rashida w/o Iqbal. I have come for report today. Action may be taken.”
The investigation followed and in due course the applicant was sent up to stand trial before the competent Court of law i.e. IIIrd Additional Sessions Judge Karachi West.
I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against his client is false who has been involved in the background of enmity and under suspicion. It has also been contended that there is delay of fifteen days in lodging the FIR, in as much as the incident is said to have taken place on 26.7.2003 whereas the FIR was registered on 9.8.2003 at 12:30 hours and no satisfactory explanation is forth coming. Besides there is no eye witness to the occurance as none has seen the incident. The learned counsel further argues that applicant being lady and mother of suckling child and in the circumstances applicant’s case is covered by Section 497 (1) Cr.P.C. On all these scores it has been contended by the learned counsel for the applicant that it’s a fit case where the applicant could have been enlarge on bail.
As against the arguments of learned counsel for the applicant it has been contended by the Learned Counsel for the State Mr. Sardaruddin Qureshi that the incident has taken place during night and there was an arrangement of light when this incident took place. It has also been contended that lady was burnt due to sprinkling of Carsine oil over her. It has further been argued that dying declaration was made before Dr. Rubina Hassan and two witnesses namely Afshan and Babar. But the same was not signed by concerned authority i.e. before any Magistrate of the Ist Class or Medical Officer. It has also been contended that the witnesses have not seen the actual killing of the deceased. However it has been said that they have witnessed the burns caused by Carosine oil on her body. On all these scours it has been argued by the learned counsel for the State that it is a fit case where the applicant could not be enlarged on bail.
I have considered the arguments of the respective parties perused record and feel that learned counsel for the applicant has been able to make out a case for bail, which is granted. By my short order dated 4.12.03 I had granted interim pre arrest bail to the applicant Mst. Rasheeda, which is confirmed on the same terms and conditions.
Criminal Bail Application No. 1459 of 2003 stands disposed of. JUDGE