2010 PLP 2928 (YLR)
Mst. ASIFA BIBI — Petitioner Versus THE STATE and others — Respondents
| Citation | 2010 PLP 2928 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Manzoor Ahmad Malik, J |
| Parties | Mst. ASIFA BIBI — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2928 (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 2010 PLP 2928 (YLR)?
The case was heard and decided by the Lahore bench comprising: Manzoor Ahmad Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2928 (YLR) (Mst. ASIFA BIBI — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Zakar Hussain Pawar for Petitioner.
- Malik Muhammad Sharif Khokhar for Petitioner (in Criminal Miscellaneous No. 15198-B of 2009).
- 2. Learned counsel for petitioner Asifa Bibi in support of this petition contends that the petitioner is not nominated in the F.I.R.; that no identification parade was ever conducted; that if there is any recovery that is fake; that the petitioner is a woman. Learned counsel for petitioner Naheed Bibi submits that the petitioner has a milk suckling baby with her in jail and she is entitled to the concession of bail after arrest on this ground as well. Learned counsel relied upon "Kauser Parveen v. The State" (PLD 2008 Lahore 533) and contend that in view of second and third provisos of section 497, Cr.P.C., the petitioners are entitled to the concession of bail.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.395/412
Dacoity and receiving the property stolen in commission of dacoity
Accused was not nominated in the F.I.R., but was implicated through supplementary statement
Co-accused was having a milk suckling baby with her in jail
Both accused being women, in view of the second and third provisos of S.497, Cr.P.C., both accused were admitted to bail. Ch. Muhammad Zafar Khan, Deputy Prosecutor-General with Riasat Ali, S.-I. for the State. Nemo for the Complainant.
Judgment & Decree
MANZOOR AHMED MALIK, J.--This order will dispose of Criminal Miscellaneous No.14733-B of 2009 and Criminal Miscellaneous No.15198-B of 2009 as both arise out of the same F.I.R. No.691, dated 9-9-2009 registered under sections 395/412, P.P.C. registered at Police Station Sanda, Lahore. The allegation against the petitioners is that they along with their co-accused committed dacoity in the house of complainant.
2. Learned counsel for petitioner Asifa Bibi in support of this petition contends that the petitioner is not nominated in the F.I.R.; that no identification parade was ever conducted; that if there is any recovery that is fake; that the petitioner is a woman. Learned counsel for petitioner Naheed Bibi submits that the petitioner has a milk suckling baby with her in jail and she is entitled to the concession of bail after arrest on this ground as well. Learned counsel relied upon "Kauser Parveen v. The State" (PLD 2008 Lahore 533) and contend that in view of second and third provisos of section 497, Cr.P.C., the petitioners are entitled to the concession of bail.
3. Learned D.P.G. opposes this bail petition on the grounds that recovery of a gold ring and Rs.2,000 (rupees two thousand) was effected from Naheed Bibi petitioner and recovery of gold ring was effected from petitioner Asifa Bibi; that petitioner Asifa is previously involved in five other cases of similar nature whereas, petitioner Naheed Bibi is involved in six other cases of similar nature.
4. Learned Deputy Prosecutor General, however, concedes the facts that in view of third proviso of section 497, Cr.P.C., the petitioners are entitled to the concession of bail.
5. I have heard the arguments of, the parties.
6. Asifa Bibi petitioner is not nominated in the F.I.R. She was implicated through supplementary statement. As far as petitioner Naheed Bibi is concerned, it has been confirmed by the Police Officer present in Court that she is having a milk suckling baby with her in jail. Both the petitioners are women, therefore, in view of the second and third provisos of section 497, Cr.P.C., both these petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac) each with two sureties, each in the like amount to the satisfaction of the learned trial Court. H.B.T./A-170/L Bail granted.