Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss.302/201/109---Bail, refusal of---Accused had a strong motive to commit the offence---Prosecution witnesses had stated that the accused had been found guilty of having illicit terms with the wife of the deceased who was a co-accused in the case and for which she had apologized---Was too early to draw an inference against the prosecution case at such stage---Bail plea was premature and the same was rejected accordingly. Ehtesham Yousuf v. State 1997 PCr.LJ 1615; Afzal Chohan v. State 2003 PCr.LJ 142 and Criminal Bail Application No.591 of 2000 distinguished. ORDER Applicant alongwith another is facing trial for an offence punishable under sections 302, 201/109, P.P.C. The allegations as per F.I..R. are that applicant Ghulam Hussain and one Usman had illicit relations with Mst. Pathani (co-accused) the wife of deceased Mir Khan and a Faisla was held in this respect wherein the applicant and the other one were found guilty who submitted apology, but they did not refrain from the same act. On the night between 3rd and 4th January, 2003 Mst. Pathani awakened complainant Muhammad Mithan the brother of deceased at 1-30 a.m. telling him that Mir Khan had committed suicide by hanging himself with a rope in central wooden beam of the house. Complainant, his brother Muhammad Siddique, mother Mst. Khatiaja and brother Ghulam Muhammad rushed to the scene and found Mir Khan hanging and dead. The police was informed alleging that Ghulam Hussain, Usman and Mst. Pathani had killed Mir Khan. Pathani was arrested on 24-1-2003 and on the following day she gave a judicial confession wherein she disclosed that she had administered pills to Mir Khan and then alongwith aforementioned accused they had killed him. I have heard Mr. Muhammad Ishaque Khoso and Mr. Rasheed A. Qureshi, Assistant Advocate-General for the State. Mr. Khoso contended that no recovery has been effected from applicant Ghulam Hussain and that the sole judicial confession of Mst. Pathani was not enough to withhold the concession of bail as she. is co-accused. He placed reliance on the case of Ehtesham Yousuf v. State 1997 PCr.LJ 1615,…

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