2006 PLP 2775 (YLR)

BASHIR A. MUJAHID, J.

Nasreen Bibi seeks after arrest bail in case F.I.R. No.326 dated 26-5-2002 under section 295-B, P.P.C. registered with Police Station Nawan Kot, Lahore.

2. The allegation against the petitioner is that she along with her co-accused Iftikhar Ahmad while sitting on footpath near Rafique Medical Store, Chowk Yateem Khana, Lahore were burning fire. On checking it was found that they were burning the pages of Holy Quran, so they were apprehended by the complainant Bashir Ahmad A.S.-I at the spot.

3. The petitioner was declined after arrest bail by the learned Additional Sessions Judge, Lahore vide order dated 5-5-2003. Hence this petition.

4. In support of this petition learned counsel for the petitioner has argued that under section 196, Cr.P.C. trial Court cannot take cognizance in such cases except the complaint made by Provincial or Federal Government. It has been further argued that during the investigation the plea of the petitioner and her co-accused was that they were mentally imbalanced and this fact has also been observed by the learned Additional Sessions Judge, Lahore in Para.4 of bail refusing order. It is further argued that petitioner is a Muslim and no Muslim can think of committing such an offence. In support of his contentions he has placed reliance on unreported judgment in the case of "Mst. Nasim Bibi V. The State" passed in Criminal Miscellaneous No.2517-B of 2003 where in similar circumstances the petitioner was admitted to bail on the ground that the petitioner is a female and her case falls under first proviso to subsection (1) of section 497, Cr.P.C. irrespective of the gravity of the offence.

5. The petition has been opposed by the learned State counsel.

6. Heard. Record perused.

7. It is correct that the petitioner was apprehended by the Police party and certain pieces of Holy Quran were also taken into possession from the spot but the first plea of the petitioner and her co-accused was that they are mentally imbalanced persons. My learned brother Asif Saeed Khan Khosa, J. in his judgment noted supra held as under: -- "I am conscious of the fact that an allegation of this nature is quite easy to level but extremely difficult to rebut, especially in the charged religious background of the people at large.??????? " It is not disputed that he petitioner and her co-accused are all Muslims and it is not readily believable that any sane Muslim would willingly and without any ostensible cause damage, desecrate, destroy or defile a copy of Holy Quran." The quoted authority fully covers the facts and circumstance of this case. The petitioner is a woman and the provisions of the first proviso to subsection (1) .of - section 497, Cr.P.C. envisage a concession of bail for female accused persons irrespective of the gravity of the offence A alleged against them. The challan of this case has already been submitted after completion of investigation. The petitioner is in judicial lock-up and is no more required for investigation purposes; therefore, she is admitted to bail subject to her furnishing bail bonds in the sum of Rs.30,000 with one surety in the like 1A amount to the satisfaction of trial Court_ H.B.T./N-64/L ???????????????????????? Bail granted.