2000 PLP 822 (YLR)

The petitioner alongwith Muhammad Yousaf and Rashid stands charged under section 302/324/34, P.P.C., vide F.I.R No:375 of 1998, dated 11-12-1998 registered at Police Station Manawala District; Sheikhupura for committing the murder Shaukat Ali and causing injuries to Mst. Abida Parveen.

2. The petitioner applied for bail which request was declined by the learned Additional Sessions Judge, Sheikhupura vide order, dated 10-3-1999. Hence the instant petition.

3. Contention of the learned counsel for the petitioner is that as per contents of F. I. R., the present petitioner was empty handed and the only rule attributed to her is that she caught. hold Mst. Abida who was later on given a dagger blow by Rasheed accused who has been let off by the Investigating Agency, that the case was investigated by Amanullah S.I., Shamas-ul-Haq I/S.H.O., Ch. Mukhtar Ahmed D.S.P., and Muhammad Hayat Inspector Range Crime, that Aman Ullah S.I:, and Shamas-ul-Haq I/S.H.O., did not give any opinion regarding innocence or guilt of the petitioner whereas Mukhtar Ahmad D.S.P., has stated that petitioner had tried to rescue the injured, that Muhammad Hayat Inspector Range Crime has, however, held all the accused guilty for the commission of offence, that the petitioner was arrested on 16-12-1998 and since then is in jail, that the petitioner has a suckling baby who is also lodged with her in jail and this fact entitles her to the relief of bail and relied upon 'Mst. Nusrat v. The State (1996 SCMR 973), Mst. Nasreen v. The State 1998 MLD 1350 and Mst. Balqees v. The State (PLI 1999 Cr. P C. (Lahore) 1). He has, thus, submitted that petition be accepted and she may be admitted to bail.

4. Conversely the bail application has been opposed by the learned counsel for the State assisted by the learned counsel for the complainant. Their stand is that petitioner has been specifically named in the F.I.R., and a specific role has been attributed to her. They contend that petitioner has facilitated the commission of offence and had she not caught hold Mst. Abida she would not have been given dagger blow by Rasheed. The contend that as she has actively participated in the commission of offence, so she is not entitled to this relief particularly when the case is fixed for hearing in the Trial Court.

5. A perusal of the facts narrated above clearly reveals that petitioner was empty handed at the relevant time and she has only been attributed the role of catching hold Mst. Abida who is said to have been given a dagger blow by Rasheed accused. It is also contended by the learned counsel for the petitioner that said Rasheed has been let off by the Investigating Agency. Even if it is assumed that she has been given a dagger blow by Rasheed, the fact remains that petitioner has neither caused any injury to any P.W. nor to the deceased. She was arrested on 16-12-1998 and is in jail for the last about nine months. She is also having a suckling baby with her who is lodged in jail. She being a lady is also entitled to the relief of bail as contained in proviso 1 to section 497, Cr.P.C. All these facts make the case of the petitioner open for further enquiry. Accordingly petition is accepted and she is admitted to bail subject to furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Trial Court. Q.M.H./M.A.K./P-78/L?????????? Bail granted.