2017 PLP 494 (MLD)

MAZHAR IQBAL SIDHU, J.

Petitioner seeks pre-arrest bail in a case registered against her and others vide FIR No.855 dated 22.11.2014 under sections 302, 34, 109, P.P.C. at Police Station City Hafizabad on the written complaint of Muhammad Javaid that petitioner along with his co-accused Mumtaz alias Bukhari Shah (since convict) committed the murder of Sikandar Hayat by a criminal conspiracy of her husband Iftikhar Shah since (P.O abroad Dubai).

2. Learned counsel for the petitioner has argued that petitioner has allegedly been attributed, a lalkara simplicitor, in the first phase of investigation; she was found innocent whereas the alleged Motive mentioned in the FIR is not directly relatable to her while co-accused whom the death was attributed has already been convicted and sentenced to life servitude; nothing is required to be recovered from her and the proceedings of declaring her P.O are fabricated even this fact alone may not be considered a ground to decline the relief sought for as circumstances of the case make it out in her favour and being a weaning woman her case falls within the exceptions; it has further been explained that petitioner was abroad with her husband, therefore, her non-appearance before the court was not willful and now she is ready to surrender her passport before the learned trial court till the decision of case.

3. Learned D.P.G. has opposed the submissions that petitioner is nominated in the FIR; incident took place in her house and the deceased came at the place of occurrence responding to a telephone call she accosted whereas co-accused (Khurram Mumtaz Bukhari) (convict) fired at the deceased to death. The petitioner was declared P.O. by the learned trial court and now by latest investigation has been found guilty and circumstances persuade that if she is allowed bail she may again elect to abscond.

4. Learned counsel for the complainant has also opposed the submissions that it is not a case of extra-ordinary concession of pre-arrest bail by any stretch of imagination and the offence alleged falls within the prohibitory clause of section 497, Cr.P.C.

5. Heard. Record perused.

6. The principal accused (Khurram Mumtaz Bukhari) has met the faith being a life servitude. The petitioner has not caused any injury to the deceased. She being weaning of her lapped infant gets her case in the exceptions of proviso (i) of under section 497, Cr.P.C. Nothing is now required to be recovered from her. In the first phase of investigation she was found innocent whereas abscondance by itself, if is explained reasonably, which has been made in this case does not debar the Court to extend the relief of bail. She is prepared to surrender her passport to the learned trial court till the decision of case. Feminity leads the Court to exercise its jurisdiction discretionally in favour of this fact provided circumstances permit. The Court has been persuaded by the facts and circumstances to accept this petition.

7. Resume of the above discussion is that a case for the grant of pre-arrest bail is made out in favour of the petitioner, therefore, pre-arrest bail already granted to her is confirmed provided her submission of fresh bail bonds in the sum of Rs.200,000 with one surety in the like amount to the satisfaction of learned trial Court. She is directed to surrender her passport to the trial Court till the decision of case. JK/S-75/L Pre-arrest bail confirmed.