1987 PLP 3099 (MLD)
Mst. HAMIDAN BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 3099 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Fazal-e-Mahmood, J |
| Parties | Mst. HAMIDAN BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 3099 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 3099 (MLD)?
The case was heard and decided by the Lahore bench comprising: Fazal-e-Mahmood, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3099 (MLD) (Mst. HAMIDAN BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aurangzeb Chaudhry for Petitioner.
Headnotes / Summary
S.497--Penal Code (XLV of 1860), S.302/34--Bail, grant of--No reasonable ground existing to come to belief that accused was guilty of offence with which she stood charged--Accused otherwise also entitled to benefit of proviso to S.497, Cr.P.C.--Accused admitted to bail. Sardar Mohammad Khurshid for the State.
Judgment & Decree
Sardar Mohammad Khurshid for the State. The petitioner is widow of the deceased. She was arrested about a year earlier in case FIR No. 136/117 dated 15-6-1986, Police Station Kahna District Lahore for the murder of her deceased husband Sain Paloos.
2. The F.I.R. was lodged on the report of the son of the petitioner as well as of the deceased Francis Paloos and according to that version, the complainant had even stated in the F.I.R. that the persons who killed his father could be identified, if brought before him.
3. The petitioner has been roped in on the basis of alleged extra judicial confession and on that basis the alleged killers Khalid Mahmood and Liaqat Masih were arrested by the police on a charge under section 302, P.P.C. Both the alleged killers have been enlarged on bail by a learned Additional Sessions Judge, Lahore.
4. The petitioner is stated to be an abettor or in other words motivator for the murder. She is not named in the F.I.R. No overt act has been attributed to her. The principal accused having been released on bail, it will be inequitable not to enlarge the petitioner on bail. No identification parade was held after the arrest of the two alleged killers. I asked the learned counsel for the State whether there is any material on record to connect the petitioner with the commission of the offence apart from the extra-judicial confession made before some private individuals. His answer is that no other independent corroborative evidence is so far forthcoming.
5. The son of the petitioner Isac Paloos is also present to vouchsafe for the innocence of her mother The Sub-Inspector who has brought the record frankly states that no statement of the inmates of the house and the members of the family has been recorded by the former Investigating Officer.
6. In view of what has been stated above. I do not think there are any reasonable grounds for the belief that the petitioner is guilty of the offence with which she stands charged. She is otherwise also entitled to the benefit of proviso to section 497, Cr.P.C. The petitioner is accordingly enlarged on bail in the sum of Rs. 30,000 with two sureties in the like amount to the satisfaction of trial Court, pending trial. M. Y. H./H-34/L Bail granted.