2009 P Cr (PLP)
Mst. SHAHEEN — Petitioner Versus THE STATE — Respondent
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Islamabad |
| Bench Members | N/A |
| Parties | Mst. SHAHEEN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 P Cr (PLP)?
The case was heard and decided by the Islamabad bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 P Cr (PLP) (Mst. SHAHEEN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Tariq Khan for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Accused, a lady, was lodged in jail along with her two minor daughters aged 4 and 6 years, who had done no crime
None was available behind in the family to look after the minor daughters in a congenial atmosphere
Stay in jail and travel of the minor girls on each date of hearing to the Court with their mother, witnessing and coming across anti-social elements, was bound to tarnish their innocent mind and such bad memories would remain chasing them in their whole life
Court had to see future of the minor girls and save them from unfortunate miseries brought to them by their accused mother
"Charas" weighing 1750 grams was, though, recovered from the accused and chemical report was in positive, yet accused was admitted to bail mainly for the betterment of the minors, at the same time keeping in mind that she might have been duped into this business by some one for money consideration
Accused had no previous criminal record and perhaps she was a carrier
Bail petition was allowed in circumstances.
Judgment & Decree
Petitioner seeks post-arrest bail in case registered vide F.I.R. No.244, dated 26-9-2008, offence under section 9(c) of C.N.S.A., Police Station Tarnol, Islamabad.
2. Precisely, allegation against the accused-petitioner is that opium weighing 1750 grams was recovered from her possession, hence this case.
3. Learned counsel for the petitioner contends that petitioner is confined in jail along with her two daughters of the ages of 4 and 6 years, since 26-9-2008; trial is likely to take considerable time.
4. Learned Standing Counsel has vehemently opposed the bail petition and argued that offence of such-like nature is on rampant increase, hence petitioner is not entitled for any relief.
5. We have heard both the learned counsel and perused the record.
6. Police Officer, present in the Court, states that petitioner was lodged in jail, along with her two minor daughters, aged about 4 and 6 years, respectively. Minor daughters have done no crime. None is available behind in the family to whom the custody be handed over, with a trust to be brought up and looked after in a congenial atmosphere. Stay in jail and travel on each date of hearing to the Court with petitioner-mother, witnessing and coming across anti-social elements is bound to tarnish their innocent mind and such bad memories will remain chasing them in whole of life. The Court has to see their future and save them from unfortunate miseries brought to them by their mother-petitioner. A quantity of 1750 grams of Charas was, though, recovered from petitioner's possession and chemical report is in positive, yet we allow her concession of bail mainly for the betterment of minors and at the same time keeping in mind that she might have been duped into this business by some one for money consideration. She has, however, no previous record and perhaps is a carrier.
7. For what has been discussed above, this petition is allowed and petitioner is admitted to bail, subject to furnishing of bail bonds in the sum of Rs.1,00,000 with one local surety in the like amount to the satisfaction of learned trial Court. N.H.Q./S-21/Isl. Bail allowed.