2005 PLP 1581 (YLR)
Mst. GRACE BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1581 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | Mst. GRACE BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1581 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1581 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1581 (YLR) (Mst. GRACE BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Aslam Ch. for Petitioner.
- Date of hearing: 13th July, 2004.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 382, 392 & 411
Allegation against accused was of abetting her co-accused in commission of alleged crime
No direct evidence was available of her involvement in the case
Name of accused figured in supplementary statement of complainant, which was made after about four months of alleged incident
Question of evidentiary value of such belated statement was open to serious consideration
Case of accused, in circumstances was amply covered under subsection (2) of S.497, Cr.P.C. calling for further inquiry into her guilt
Accused being a woman, proviso to S.497(1), Cr.P.C. was attracted to her case
Accused who was behind the bars since long, was previous non-convict
Accused was entitled to grant of bail. Rana Muhammad Nasim Sabir for the State.
Judgment & Decree
At the outset, the learned counsel for the respondent has requested orally to allow him to add sections 392/411, P.P.C. in the main petition. According to him, he came to the addition of there same later on. However, his request has been allowed in the interest of justice. He has made the necessary addition in the bail petition with his signature before the Court today.
2. Petitioner Mst. Grace Bibi through the instant petition has sought for post-arrest bail in case F.I.R. No.160 of 2003 originally registered under section 382, P.P.C. with Police Station Wahadat Colony, Lahore. Later on the police have added sections 392/411, P.P.C. in the same.
3. Briefly the allegation against her is that she had abetted her co-accused in the commission of the dacoity in the house of the complainant.
4. After hearing the learned counsel for the parties and perusing the record, I find that the mere allegation against her is of abetment to her co-accused in the commission of the crime alleged. There is no direct evidence of her involvement in the same. Her name has figured in the supplementary statement of the complainant Shahid Hameed recorded on 29-10-2003. The same, thus, was after about four months of the alleged incident. Anyway the question of evidentiary value of such belated statement is open to serious consideration. Her case, therefore, is amply covered under subsection (2) of section 497, Cr.P.C. calling for further inquiry into her guilt.
5. She is a woman and hence the first proviso to section 497(1), Cr.P.C. is also attracted to her case.
6. She is stated to be behind the bars since 5-4-2004 and a previous non-convict.
7. In these circumstances, I find her entitled to bail. The petition therefore, is accepted and she is admitted to bail subject to her furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the learned Illaqa Duty Magistrate. H.B.T.-G-104/L Bail granted.