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Petitioner: MURID FATIMA VS Respondent: MUBARAK HUSSAIN
1988 S C M R 861
1988 S C M R 861
Present: Aslam Riaz Hussain, Actg., C. J. and Javid Iqbal, J
Mst.MURID FATIMA ‑‑Petitioner
versus
MUBARAK HUSSAIN and others‑‑Respondents
Petition for Leave to Appeal No.307 of 1987, decided on 27th February, 1988.
(On appeal from the order of the Lahore High Court, Lahore, dated 26th August, 1987 in Criminal Miscellaneous No.2761‑B of 1987).
Criminal Procedure Code (V of 1898)‑‑---- .
‑‑‑Ss.497 & 498‑‑Penal Code (XLV of 1860), S.302‑‑Bail before arrest‑‑High Court allowing bail before arrest to accused on grounds that there was criminal and civil litigation pending between parties; that matter was reported after more than two months whereas parents of deceased did not suspect any foul play and that the case was result of political rivalry between two M.P.As.‑‑Case being not a fit one for interference in order of High Court petition for leave to appeal dismissed.
Raja Muhammad Anwar, Senior Advocate Supreme Court instructed by Muhammad Aslam Choudhry, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 27th February, 1988.
ORDER
JAVID IQBAL, J.‑‑This petition for leave to appeal has been filed by Mst. Murid Fatima petitioner in the following circumstances: Mst.Mumtaz Bibi, daughter‑in‑law of the petitioner died on 22nd May, 1987 while she had been separated from her husband and lived with her parents. The father of the deceased reported the matter to the police on 23rd May, 1987 to the effect that although she. had died suddenly and might have taken something in the water, as she was mentally disturbed, he did not suspect any foul play. But since her mother‑in‑law i.e. the present petitioner was a mischievous person, she might involve him or his family members in her murder. After more than two months i.e. on 30th July, 1987 the petitioner lodged FIR alleging that the persons named in the FIR including the respondents had murdered Mst.Mumtaz Bibi. The High Court allowed bail before arrest to the respondents on the grounds that there was criminal and civil litigation pending between the parties, that the matter was reported by the petitioner mother‑in‑law after more than two months whereas the parents of the deceased did not suspect any foul play and that the case was result of political rivalry between the two local MPAs who were using both the parties with a view to defeat each other.
Learned counsel for the petitioner attempted to argue that the respondents were involved in the conspiracy to commit the murder of` the deceased. However, after hearing learned counsel, we are of the view that it is not a fit case for interference in the order of the High Court. As a result this petition is dismissed. S.Q./M‑363/S Petition dismissed.