Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.302/34---Qatl-i-Amd---Bail, grant of---Further inquiry---Accused was a woman and wife of main accused whom motive qua settlement of accounts with the deceased had been alleged-No doubt accused was named in F.I.R., but there was a delay of about two months in the lodging of F.I.R. which had shown that the law was put in motion after due deliberations---No motive was attributed to accused---Accused was not found by the complainant in the company of the deceased in the last seen evidence---Extra judicial confession was the weakest type of evidence veracity whereof would be determined at the time of trial---Case against accused was of further inquiry within the ambit of subsection (2) of S.497, Cr.P.C.---Accused was behind the bars and her corpus was no more required for the purpose of investigation, her further incarceration, in circumstances would not serve any useful purpose---Accused was admitted to bail, in circumstances. Muhammad Bashir v. Mrs. Farhat Bibi and others 2001 PCr.LJ 1582; Mst Zubeda Bibi v. The State 2000 YLR 2088; Ghulatn Fatima and another v. The State 1987 PCr.LJ 1316; Mst. Amina v. The State PLD 1989 Kar. 40; Jalil Ahmad v. The State 1995 PCr.LJ 1583 and Malik Ibrar Hussain v. The State 1995 PCr.LJ 2040 rel. Abdul Aziz Khan Niazi for Petitioner. Muhammad Waseem Khan Baber, DDPP. Tahir Shabbir Chaudhary for the Complainant. Ali Sher, S.-I. with record. ORDER ARSHAD MEHMOOD, J.---Mst. Shamim petitioner seeks her bail after arrest in case F.I.R. No. 172 of 2009, dated 28-5-2009 offence under sections 302 read with section 34, P.P.C. registered at Police Station Dera Rahim, District Sahiwal. 2. Prosecution story in short is that petitioner along with her co-accused committed murder of Muhammad Saleem Abid son of the complainant. Specific allegation against her is that she confessed her guilt before the Punchait that she is in possession of the mobile phone belonging to the deceased. She was arrested in the case on 1-6-2009 and after investigation had been sent to judicial lock up. 3. Learned counsel for the petitioner submits that there is delay of about two months…