Woman gets interim bail in husband murder case
By Ishaq Tanoli
KARACHI: The Sindh High Court granted on Saturday interim pre-arrest bail to a woman allegedly involved in the murder of her husband.
The suspect – Uzma Alam – through her lawyer approached the SHC after a sessions court dismissed her pre-arrest bail on Saturday. SHC Chief Justice Sarmad Jalal Osmany granted her interim pre-arrest bail till Aug 31 against the surety of Rs100,000.
Earlier in the day, Additional District and Sessions Judge Sanaullah Ghory, who on Aug 4 had granted her interim pre-arrest bail with the direction to appear in court on Aug 21 for the interim bail’s confirmation, dismissed her bail plea after hearing arguments from both sides.
The court observed in its order that after perusal of the record and the police file it came up on record that during interrogation the deceased’s driver, Irshad, had admitted that the murder was committed on the instigation of the applicant (Uzma Alam) as prior to the incident her husband, Naseem Alam, had seen her with Irshad in a compromising situation. Therefore, the applicant and her driver planned to kill her husband and for this purpose the driver went to Rahimyar Khan and hired three killers, it added.
“From the perusal of mobile phone data’s record it was found prima-facie that during those period the applicant and accused Irshad continuously remained in contact with each other,” the order said.
It further stated that the cellphone record of the applicant also confirmed that she made several calls to the driver prior to the incident. A witness, Rasool Bux, the gatekeeper of the street where the victim’s house is situated, stated in his statement recorded by the investigation officer that he saw the applicant talking to the accused persons (killers) while another witness said that driver Irshad requested him to make arrangements for his three guests, who came from Rahimyar Khan.
“This tentative assessment of the case, purely for the purpose of pre-arrest bail, leads me to the conclusion that palpably the applicant/accused was not only sharing common intention but leading the intention of the accused Irshad and absconding accused persons and her command was not proverbial.”
The court further observed that the contention of the applicant’s counsel that the complainant (the victim’s son) and two minor legal heirs of the deceased had filed their affidavits in the favour of the accused had no force as a mere filing of such affidavits has no value in the eyes of law.
Following the dismissal of the bail plea, the suspect’s lawyers took her to the office of the Karachi Bar Association to avoid her possible arrest. Later, the counsel approached the high court which granted interim pre-arrest bail to the suspect till Aug 31.
According to the prosecution, on June 8, 2010 three men broke into the house of a businessman, Naseem Alam, in Gulshan-i-Iqbal and killed him. Later, the police arrested the deceased’s driver, Irshad, and during interrogation he disclosed that he and the victim’s wife planned this murder and hired three professional criminals for this purpose, it added.
A case (FIR 332/2010) was registered under Section 302 (premeditated murder) and 34 (common intentions) of the Pakistan Penal Code on the complaint of the victim’s son at the Aziz Bhatti police station.
Source: Dawn
Date:8/22/2010
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