1999 PLP 1650 (MLD)

Date of hearing: 18th June, 1998 The petitioner, a lady by the name of Mst. Nasreen Khelji, stands charged for having committed an offence punishable Under section 406/420, P.P.C. vide: F.I.R. No.53 registered at Police Station, Nowshera Cantt: for having obtained Rs.4,13,000 fraudulently on 3-2-1998 from the complainant, Syed Muhammad Israr, on the pretext that she would provide him with visas.

2. After her arrest she tried to get bail from Judicial Magistrate, Nowshera (Mr. Azhar Khan) but failed. She then approached Ghulam Mohyuddin Malik, the Sessions Judge, Nowshera for bail. The Sessions Judge refused to accede to her request and by his order recorded on 19-3-1998 dismissed her bail petition.

3. Resultantly the lady has come to this Court for the redress of her grievance pleading that she is innocent, falsely charged and, therefore, entitled to be released on bail especially when her case does not fall under the prohibitory clause of section 497, Cr.P.C. and is also covered under first proviso to section 497, Cr.P.C. as she is a woman and even on that score she is entitled to be released on bail.

4. Mr. Muhammadullah Advocate learned counsel for the lady petitioner. Kh. Azhar Rashid learned Assistant Advocate-General assisted by Mr. Abdur Rauf Khan Gandapur, Advocate, learned counsel for State present and heard. Record of the case perused.

5. The learned counsel for the petitioner first contended that the petitioner is a lady and comes from a very respectable well to do family of village Badrashi, Tehsil and District Nowshera, being the daughter of Late Noor Muhammad Khan. He further stated that the lady is also closely related to Mr. Ihtesham Khan who is a very senior officer in the Provincial Government of N.-W.F.P. According to him, she had been falsely charged in the case. The learned counsel next contended that the lady petitioner stands charged for having committed an offence punishable under section 406/420, P.P.C. and the maximum punishment provided for these offences is not more than seven (7) years, and, therefore, her case does not fall under the prohibitory clause of section 497, Cr.P.C.

6. Keeping in view the arguments advanced by the learned counsel for the petitioner and the dictum laid down by the Hon'ble Supreme Court of Pakistan that in the cases which do not fall under the prohibitory clause of section 497, Cr.P.C. bail and not the jail should be the rule, this petition for bail is accepted. Needless to mention here that the petitioner's case also falls under the 1st proviso to section 497, Cr.P.C. and on that score, too, she is entitled to be I released on bail.

6. The petitioner shall be released forthwith if not required in any other case provided she furnishes bail bonds in the sum of Rs.2,00,000 (Rs. two lacs) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial) of this Court. The Additional Registrar (Judicial) shall see that the sureties are respectable persons and are men of means having sufficient property in their names and hail from District Nowshera.

8. The photo copies of the identity cards/property documents of the sureties shall be obtained by the Additional Registrar (Judicial) and placed on file for record. N.H,Q./137/P Bail allowed