ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Bail.Appl.No.S-  308  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            1. For orders on office objection.

            2. For hearing.

Date of hearing:         15.09.2010.

Date of order:            07.10.2010.

Mr. Shoukat Ali Pathan, Advocate for applicant.

Syed Meeral Shah, D.P.G for the State.

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Through instant bail application, applicant Mst. Manni seeks post arrest bail in Crime No.58 of 2006 of Police Station Bhitshah for offence U/s 302, 201 and 34 PPC.

Applicant approached the trial Court but her bail plea was turned down vide order dated 30.10.2009.

On 22.8.2006 Amar Shee Kolhi set the law in motion through FIR No.58 of 2006 which reads as under:-

“We are three brothers, Radho is elder of us, then deceased Ramo. Ramo lived alongwith his family separately from us and resided at different places and now for the last five months, he was living along with his family at village Afzal Gujar and occasionally visited us. For the last two and half months he did not visit to us therefore, I along with elder brother went to meet Ramo at his village but he did not meet us at his home. However, we met with our sister in law namely Manni and one of our relative Her Jee s/o Jagoo. My sister in law namely Manni told us that two days ago Ramo has left for Karachi in order to search the job and will return after one month, thereafter we returned to our village and kept inquiry for Ramo. Abdout 12 days ago we came to know at village Makan Je Wasi that my sister in law Manni has left her village for Kotri and she along with Her Jee has killed my brother and have buried his dead body in the house and now the police guards are standing at her house and conducting inquiry. I alongwith elder brother Radho came to the house of the relative Raedan s/o Jeason where Darno s/o Ragho Kolhi also came over there and jointly went to the village Afzal Gujar where we found police of PS Bhit Shah was interrogating from the Her Jee who disclosed that he had illicit relations with Mst. Manni for the last two years therefore, he and Mst. Manni with common intention killed Ramo and buried his dead body about two and half months ago. Ramo was tranquilized by his wife and he (Her Jee) went there during night and found Ramo unconscious thereafter he killed Ramo by the Kodar causing wound on his neck and got his neck separated from his body and thereafter buried the dead body in the courtyard. On such disclosure of Her Jee police took him to the house of Ramo there he pointed the place where he had buried the dead body of Ramo. On such pointation of Her Jee police dig out that place and recovered the dead body. That dead body was identified by me and other villagers that it was the dead body of his brother Ramo. Afterwards, the dead body was examined by the doctor and handed over to us, I sent my brother for burial and now I come to lodge the FIR that my sister in law Mst. Manni along with Her Jee has killed my brother Ramo and buried his dead body in his courtyard which is excavated on the pointation of Her Jee.”

            Per learned counsel, the applicant is innocent and has been falsely implicated in this case; the applicant is a woman and her case falls within first proviso of Section 497 (1) Cr.P.C; the FIR was lodged with delay of two and half months which is fatal to the prosecution case; none amongst the PWs have claimed to be eye witness of the occurrence; the dead body was recovered on the pointation of co-accused; no overt act is attributed to the present applicant and except the hearsay evidence of complainant, prosecution could not collect any material to connect the applicant with the alleged offence; the applicant is behind the bars since 25.8.2006 and trial is not concluded as yet; applicant is not responsible for delay in conclusion of the trial.

            Conversely, learned D.P.G for the State opposed the bail plea of the applicant. However, he did not dispute the contentions raised by learned counsel for the applicant.

            Heard learned counsel for the parties and perused the record.

            No doubt the FIR is belated by two and half months without any explanation. In FIR no specific role is attributed to the present applicant. Specific role for causing murder of deceased Ramo is attributed to the co-accused Her Jee. Even in her confession, the applicant did not state that she had caused any injury to the deceased. The applicant is a woman and since more than four years she is behind the bars. Neither crime weapon was recovered from the applicant nor on her pointation. Applicant has a son and four daughters. On the one hand, children have been deprived from blessing of their father, on the other hand they are unable to see their mother due to her confinement. Upon perusal of impugned order, it appears that charge was framed on 13.12.2006 but applicant was not produced before the trial Court on 14 hearings by the jail authorities, on 17 times the Court was lying vacant and on some occasions, learned defence counsel remained absent or moved adjournment application.

            Be that as it may, liberty of a citizen is a very valuable right and same cannot be trifled with. Accused cannot be kept behind the bars for indefinite period even in a heinous offence. The applicant being a woman is behind the bars for more than four years and trial is not concluded as yet. Such inordinate shocking and scandals delay is even good ground for bail. Even hardship is considered a good ground for bail by this Court in various cases. Consequently, the applicant is admitted on bail upon furnishing solvent surety in the sum of Rs.100,000/- (One lac) and P.R Bond in the like amount to the satisfaction of the trial Court.

            The observations made hereinabove are tentative in nature and will not prejudice the case of either party. The trial Court shall decide the case on merits and material available on record.     

JUDGE

Tufail