2005 PLP 2870 (YLR)
NASIM AKHTAR — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 2870 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | NASIM AKHTAR — 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 2870 (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 2870 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2870 (YLR) (NASIM AKHTAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azmat Ullah Warraich for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss. 302/201-Bail, grant of --Further inquiry
F.I.R. had been lodged with a delay of about three years and alleged murder had remained un-witnessed
Alleged confession of accused before complainant was result of torture upon accused by complainant
Doctor, who conducted post-mortem examination of dead body of deceased, had remained unable to ascertain the cause of death of deceased
Skeleton recovered had been recovered at the pointation of co-accused and not at the instance of accused
Even according to F.I.R. itself, accused had not caused any injury to deceased and her role in alleged murder was merely secondary in nature to that attributed to co-accused
Accused being a woman, First Proviso to subsection (1) of S.497, Cr.P.C. which envisaged concession in matter of bail for female accused irrespective of gravity of offence, was applicable in the case
Challan had already been submitted after completion of investigation
Continued custody of accused in jail, was not likely to serve any beneficial purpose
Case against accused calling for further inquiry into her guilt within purview of subsection (2) of S.497, Cr.P.C., she was admitted to bail. Miss Samina Shahzadi for the State with Zafar Iqbal, A.S.-I. with Record.
Judgment & Decree
Through this petition Mst. Nasim Akhtar petitioner has sought post-arrest bail in case F.I.R. No.109 registered at Police Station, Tanda, District, Gujrat on 23-7-2003 for offences under sections 302/201, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of about three years and admittedly the alleged murder in question had remained un -witnessed. According to the F.I.R. the petitioner had confessed her guilt before the complainant but such confession had admittedly been made by the petitioner after application of torture upon her by the complainant. It is not disputed that the doctor conducting post-mortem examination of the dead body of the deceased had remained unable to ascertain the cause of her death and it is not denied that the skeleton recovered in this case had been recovered at the pointing out of Saifullah co-accused and not at the instance of the petitioner. Even according to the F.I.R. itself the petitioner had not caused any injury to the deceased and her role in the alleged murder was merely secondary in nature to that attributed to Saifullah co-accused. The petitioner is a woman and the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. envisage a concession in the matter of bail for female accused persons irrespective of the gravity of the offences allegedly committed by them. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioner calls for further inquiry into her guilt within the purview, of subsection (2) of section 497, Cr.P.C. besides attracting the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. this petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./N-60/L Bail granted.