2017 PLP 1373 (MLD)
MARIA SANAM — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 1373 (MLD) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | MARIA SANAM — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 1373 (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 2017 PLP 1373 (MLD)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1373 (MLD) (MARIA SANAM — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar-ul-Hassan Joya for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302, 376 & 34
Qatl-i-amd, rape, common intention
Incident was an unseen occurrence and nobody had seen accused committing alleged offence
Allegation against accused was that she administered sleeping pills to the deceased and thereafter main accused and his co-accused committed rape with the deceased
Report of Chemical Examiner, prima facie, falsified the story of administering sleeping pills to the deceased
Main accused who along with co-accused (proclaimed offender) committed rape with the deceased, had already been granted bail on the basis of compromise
Vicarious liability of accused for the murder of the deceased, would be determined by the Trial Court after recording evidence
Only material available against accused was in the shape of her extra-judicial confession, that too made in Police custody; reliability and value which would be determined by the Trial Court
Case of accused being a female was covered by First Proviso to subsection (1) of S.497, Cr.P.C.
Accused was previous non-convict and never involved in any other case
Accused was behind the bars for the last nine and half months, but her trial had not seen any fruitful progress
Investigation of the case was complete and accused was no more required for further investigation; her further incarceration in jail, would not serve any useful purpose
Case of accused having become one of further inquiry covered by subsection (2) of S.497, Cr.P.C., bail was allowed to accused, in circumstances.
Judgment & Decree
Cr.M. No.202-M of 2016 ABDUL SAMI KHAN, J.
This is an application for placing on record better copy of the FIR. For the reasons mentioned in this miscellaneous petition, the same is allowed and the document appended with this miscellaneous petition is made part of the file. Main Case
2. Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.381/2015 dated 26.05.2015 under sections 302, 376, 34, P.P.C. registered at Police Station Pir Wadhai, Rawalpindi.
3. The arguments advanced by learned counsel for the parties have been heard and record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR the allegation against the present petitioner is that she was present in the house along with Mst. Nabeela (deceased) when the complainant, his wife and sons went on their jobs and when they returned home, dead body of Mst.Nabeela was found hanging with a rope. It appears from the contents of FIR that it was an unseen occurrence and nobody had seen the accused committing alleged offence. During investigation it was alleged that the petitioner administered sleeping pills to the deceased and thereafter Shakeel and his co-accused Rizwan committed rape with her, but the report of Chemical Examiner prima facie falsify the story of administering sleeping pills to the deceased. Furthermore there is no denial of the fact that said Shakeel who along with co-accused Rizwan (since P.O.) committed rape with the deceased has already been granted bail on the basis of compromise. It is settled law that vicarious liability of the petitioner for the murder of deceased shall be determined by the learned trial court after recording evidence. The only material available against the present petitioner is in the shape of her extrajudicial confession that too made in police custody, so reliability and value of such type of evidence shall be determined by the learned trial court at an appropriate stage. Being woman, the case of the petitioner is covered by first proviso to sub-section (1) of section 497, Cr.P.C. The petitioner is previous non-convict and never involved in any other case. She is behind the bars since 05.06.2015; nine and a half months have elapsed but her trial has not seen any fruitful progress as yet. Investigation of the case is complete and the petitioner is no more required for further investigation, therefore, her further incarceration in jail would not serve any useful purpose.
4. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.
5. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. HBT/M-125/L Bail granted.