2001 PLP 2173 (YLR)

Present applicant alongwith co -accused Intezar Hussain is facing trial in the Court of learned IIIrd Additional Sessions Judge, Khairpur for an offence under section 302/34, P.P.C. for causing death of one Muhammad Azam at the platform of Railway Station, Khairpur on 1-1-2001 at 7-30 p.m. According to the prosecution, applicant was talking with deceased Muhammad Azam while strolling' at the railway platform. At one stage she made certain gestures whereafter co-accused Intezar Hussain husband of the applicant came near and fired at Muhammad Azam with a pistol which resulted in the death of Muhammad Azam. According to the prosecution both the accused started running, but they were chased and arrested. However, the crime weapon is said to have been thrown by Intezar Hussain. while running which too was recovered by the police party. After usual investigation police sent up both the accused for trial. A bail application was filed before the learned trial Court on behalf of the applicant which has been rejected on 26-2-2001. Mr. Dawood Balouch learned counsel for the applicant has argued that there is no independent witness available in the case except police officials though the alleged incident is said to have taken at a busy place like railway platform. He has further argued that motive for the alleged offence is not visible in the case and that the applicant has been falsely implicated by the police. He has further argued that the applicant is in family way having pregnancy of seven months, as certified by the Medical Superintendent, Chandka Medical College, Larkana., He has also argued that the applicant is a young lady aged about 21/22 years and it is her first pregnancy, as such, she needs more care and proper look after which is not possible in jail. He has relied upon the case of Mst. Yasmeen v. The State 1959 SCMR 269 where under the similar circumstances considering 'the stage of pregnancy the Hon'ble Supreme Court had granted bail to accused/applicant Mst. Yasmeen. Learned counsel has also relied upon the case of Mst. Baboo Jannan v. The State 1990 PCr.L.J 326 where bail was granted to accused involved in a murder case taking into consideration first proviso of subsection (1) of section 497, Cr.P.C. As rightly pointed out by Mr. Mumtaz Siddiqui I am not impressed with the arguments advanced by the learned counsel touching the merits of the case. However, learned State Counsel has frankly and rightly conceded for grant of bail to applicant in view of the advance stage of her pregnancy. Following the dictum laid down in Mst. Yasmeen's case (supra) and considering the facts that the applicant is a young lady and in advance stage of pregnancy who requires proper medical care and caution. Moreover, she is entitled to claim that the child whom she gives birth is born in free atmosphere and not in prison. Under the circumstances bail is granted to applicant in the sum of Rs.2,50,000 with P.R. Bond in the like amount to the satisfaction of the trial Court. H. B. T./T-14/K Bail granted.