2007 PLP 2553 (YLR)

SYED SHABBAR RAZA RIZVI, J.

The learned counsel seeks post-arrest bail of petitioner who stands implicated in F.I.R. No.440 of 2006, dated 22-8-2006 under sections 302 and 109, P.P.C. The above mentioned F.I.R. was registered at Police Station Chinab Nagar, District Jhang.

2. Briefly, according to the F.I.R., Mubashar Ahmad, brother of the complainant and husband of the petitioner was murdered by co-accused Javed Ahmad who caused repeated Chhuri blows on different parts of deceased Mubashar Ahmad.

3. I have heard the learned counsel for the petitioner as well as the learned Deputy Prosecutor General, Punjab. The reading of F.I.R. does not mention any role of the petitioner in the murder of deceased, Mubashar Ahmad. The mention of the petitioner is made in the F.I.R. as having a suspected/doubtful, and co-accused, Javed Ahmad used to visit the house of the deceased in the above background. The F.I.R. also mentions that petitioner had gone to Karachi on the day of occurrence. She is not attributed any role of causing any injury to the deceased or providing any help A or facility to co-accused, Javed Ahmad. However, she was nominated as an accused person vide a supplementary statement, the date of which is not available on record.

4. The above facts create doubt about involvement of petitioner in the occurrence, at least, to the extent of present bail application. Another aspect of the matter is that recently section 497, Cr.P.C. has been amended vide Ordinance No.XIV, dated 26-3-2007, whereby, if a woman is accused of an offence of murder, she will be released on bail if she has been detained for a continuous period of six months and whose trial for such offence had not been concluded unless the Court is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on her behalf. In the present case, the trial has not even commenced. The petitioner was arrested on 23-11-2006, hence, six months have already passed. The amended section 497, Cr.P.C. apparently creates a statutory right in favour of the petitioner in the facts and' circumstances of the present case. The learned' Deputy Prosecutor General, Punjab was asked his opinion on this point. He also agrees that in the above facts and circumstances, the petitioner may be granted bail:

5. In view of the above facts and circumstances of the case, as well as, legal a position, there are sufficient grounds for granting bail to the petitioner. Thus, this bail application is allowed subject to her furnishing surety bond in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of the trial Court or Area Magistrate. H.B.T./N-61/L Bail granted.