Mst. BUSHRA BIBI vs THE STATE

ORDER

' Mst. Bushra Bibi, the petitioner through the instant petition has sought for post-arrest bail in case F.I.R. No,70 dated 28-3-2003, under section 302/34, P.P.C. Registered with Police Station, Saddar Hafizabad.

2. Briefly the prosecution case as per F.I.R. Is that on 28-3-2003 in the evening Qaisar Iqbal alias Mittu and Mst. Bushra Bibi (petitioner) in furtherance of their common intention have committed the Qatle-Amd of Nazir Ahmad deceased. She (petitioner) had caught hold of him (deceased) from his arms while Qaisar Iqbal alias Mittu inflicted him Churri blow on the chest near the heart, who died at the spot.

3. The occurrence is said to have taken place due to the illicit intimacy between the two accused.

4. It has been contended on her behalf that she has falsely been roped in; that she was empty handed at the time of the alleged incident; that she had no occasion to catch hold of the deceased from his arms; that the question of her sharing common intention will be gone into at the time of trail; that she is behind the bars for the last about six months along with her milk suckling female child namely Mst. Zareena Bibi aged about 8/9 months; and that she is previous non- convict.

5. Conversely, the learned State counsel has opposed the petition on the ground that F.I.R. In this case is prompt one; that she is named in the F.I.R.; and that she has facilitated her co-accused in the commission of Qatl-e-Amd of Nazir Ahmed, deceased.

6. I have carefully considered the submissions made from both the sides with the help of available record.

7. Allegedly, she had caught the deceased from his arms while her co-accused Qaiser Iqbal alias Mittu inflicted him Churri blow as mentioned above. The question of her sharing common intention is to be gone into at the time of trial. Hence, her case is amply covered within the mischief of subsection (2) of section 497, Cr.P.C. Calling for further inquiry into her guilt.

8. Besides than this, she is a woman and so First Proviso to section 497 (1), Cr.P.C. Is also attracted to her case. Further more, admittedly, she is having with her milk suckling child aged about 8/9 months in Jail. Hence the principle laid down in the case of Mst. Zareena Bibi v. The State 1991 M LD 518 Lahore is also applicable to her case. In these circumstances, I find that the case for her enlargement on bail has been made out. Resultantly, this petition is accepted and she is admitted to bail provided she furnishes bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.