Case Details

Citation(s)
2017 SLG 2131 2017 SLD 2131 2017 YLR 629
Sindh High Court
Criminal Bail Application No. S-1185 of 2014, decision Dated: 06-07-2015.
ABDUL RASOOL MEMON, JUSTICE
Bashir Ahmed Almani for Applicant. Syed Meeral Shah Bukhari, Deputy Prosecutor General for the State. Ahsan Gul Dahri for the Complainant.

MST. BHAGUL

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.498 & 497(2)---Penal Code (XLV of 1860), Ss. 302, 337-J & 34---Qatl-i-amd---Throttling and poisoning the deceased---Pre-arrest bail, confirmation of---Case of further inquiry---Main allegation of throttling causing death of deceased was against the co-accused---Present accused was alleged to have stuffed something forcibly in the mouth of deceased and chemical analysis report revealed that no poison was detected from viscera's of the deceased---Case against accused required further inquiry and in such circumstances mala fide of complainant could not be ruled out---Ad-interim pre-arrest bail was confirmed accordingly. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- Through the captioned bail application, applicant Mst. Bhagul agitated the order dated 25.10.2014 passed by learned IIIrd. Additional Sessions Judge, Shaheed Benazirabad, whereby her earlier bail application for bail before arrest was declined and sought pre-arrest bail. 2. Relevant facts of the case are that on 10.8.2014 complainant Abdul Nabi lodged FIR alleging therein that about one and half years prior to this incident his second number daughter Mst. Neelum Bibi was married to his nephew Muhammad Aslam and she had no children; that about one and half months before this case his daughter was ousted of her house after maltreatment on domestic differences but after a faisla she was returned to house of her husband. It is further alleged that on 10.8.2014 complainant along with his wife and daughter Nadiya Bibi was present at 8.00 a.m. he heard cries from the house of his daughter Neelum, they ran to see here; on reaching they saw that Muhammad Aslam and his mother Bhagul (applicant) laid Mst. Neelum on ground, accused Muhammad Aslam was found throttling her and his mother stuffing something yellow colour in her mouth; on seeing complainant party, the accused left her; complainant saw ligature marks on her neck and black colour scratches mark on her body. On asking Mst. Neelum told complainant that her husband and his mother by beating and throttling they made her eat something yellow colour, within seen of complainant party she started…
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