1998 PLP 1350 (MLD)
Mst. NASREEN — Petitioner Versus STATE — Respondent
| Citation | 1998 PLP 1350 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. NASREEN — Petitioner Versus STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1350 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1350 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1350 (MLD) (Mst. NASREEN — Petitioner Versus STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ramzan Chaudhry for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 302
Accused was a woman and had a suckling child aged hardly about one year
Bail was granted to accused merely on ground that welfare of suckling child so demanded and that child should not be made to suffer in jail for murder allegedly committed by his mother.
Judgment & Decree
Mst. Nusrat v. The State 1996 SCMR 973 ref. Muhammad Ramzan Chaudhry for Petitioner. Kh. Muhammad Iqbal Butt for the State. Date of hearing: 19th November, 1997. Relying on Ghulam Sakina and others v. The State (1991 P Cr. L J 1316) and also Mst. Nusrat v. The State (1996 SCMR 973), the learned counsel for the petitioner has urged that although Mst. Nasreen Akhtar petitioner has been accused of murder yet she is entitled to grant of bail as the welfare of suckling child demands that her mother should be in a position to look after the child properly and the child should not suffer in jail for the murder committed by his mother and that the release of the mother was such ground would be an furtherance of principles of justice expounded under Islamic Criminal Law. He states further that the petitioner does not want to press her bail on the other grounds taken in the petition.
2. The learned State counsel concedes that the petitioner has a suckling child aged hardly about 1 year.
3. I have had the privilege of going through the authorities cited at the bar and I feel inclined to grant the petitioner bail merely on the ground that the welfare of the suckling child so demands and that the child should not be made to suffer in jail for the murder allegedly committed by his mother. In these circumstances, the petitioner is enlarged on bail subject to her furnishing bail bond in the sum of Rs. 1,00,000 with two sureties in the like amount each to the satisfaction of the Deputy Registrar (Judi.) of this Court. H.B.T./N-92/L Bail granted.