1995 PLP 1294 (MLD)
Mst. KALSOOM BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1995 PLP 1294 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Raja Abdul Aziz Bhatti, J |
| Parties | Mst. KALSOOM BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (v of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1294 (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 1995 PLP 1294 (MLD)?
The case was heard and decided by the Lahore bench comprising: Raja Abdul Aziz Bhatti, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1294 (MLD) (Mst. KALSOOM BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz Noon for Petitioner.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4‑‑ Bail, grant of‑‑‑Accused was a 60 years old lady and was suffering from a disease which could be dangerous to her life if she was any more kept in jail‑‑ Case against accused did not fall under the prohibitory clause of S.497(1), Cr. P. C. Accused was admitted to bail in circumstances. Syed Sajjad Hussair. Shah, A. A. G. and Raja Muhammad Ayub Kiani for the State.
Judgment & Decree
2. Learned counsel for the petitioner seeks bail on the following grounds:‑‑‑ (a) That the petitioner is a lady. She is aged 60 years and is patient of heart disease Learned counsel has placed on record certain documents showing her sickness. On the last date of hearing, a report was also called from the Medical Superintendent. D.H.Q. Hospital. In pursuance to that order, the report has been sent by the M.S. District Headquarters Hospital, which is dated 7‑3‑1995. According to the doctor, she was examined and found suffering from hypertension and chronic bronchitis; (b) That in the given circumstances, it cannot be said that the petitioner was aware of the presence of 10 kilograms of Heroin allegedly kept in the secret cavity of the car; (c) That during investigation, nothing was recovered from her; and (d) That the petitioner being lady, her case does not fall under the prohibitory clause of section
497. CC.P.C
3. On the other hand, learned A.A.‑G. assisted by Raja Ayub Kiani, Advocate, opposed the bail application vehemently and stated that huge quantity of Heroin has been recovered from the Suzuki car which was being quantity by her son. In the circumstances, it is to be presumed that recovery was effected from the possession of the petitioner as well.
4. After arguing the case at quite length, learned counsel for the State conceded that she is aged 60 years and presently suffering from a heart disease. Besides that, presently it cannot be presumed that heroin was recovered from the person of the petitioner. At the most, it can be said that it was kept in a secret cavity which also creates doubt so far as the conscious possession of the petitioner is concerned.
5. I have heard the learned counsel for the parties, perused the contents of the F.I.R. and gone through other documents pertaining to the sickness of the petitioner. It is an admitted fact that the petitioner is aged 60 years and suffering from a disease which may be dangerous to her life she is any more kept in jail. For this very reason and her being a female, her case does not fall under the prohibitory clause of section 497, Cr.P.C. Without dilating upon the merits of the case, I accept this petition and grant her bail in the sum of Rs. one lac with two sureties, each in the like amount, to the satisfaction of R.M./Assistant Commissioner, Attock. N.H.Q./K‑184/L Bail granted.