Mst. Grace Bibi vs The State
This matter concerns a petition for post-arrest bail filed by Mst. Grace Bibi, who was accused of abetting a dacoity in case FIR No. 160/2003. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and her status as a female accused. The Court observed that the allegation against the petitioner was limited to abetment, and her name only appeared in a supplementary statement recorded by the complainant approximately four months after the incident, raising significant questions regarding the evidentiary value of such a belated statement. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry under the relevant provisions of the Code of Criminal Procedure. Furthermore, the Court noted that the petitioner, being a woman, was entitled to the benefit of the proviso to the bail statute. Finding the petitioner to be a first-time offender who had been incarcerated since April 2004, the Court accepted the bail petition, emphasizing the necessity of further inquiry into her guilt and the statutory protections afforded to female accused.
- Does a belated supplementary statement implicating an accused after a significant delay warrant further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is a female accused entitled to the benefit of the first proviso to Section 497(1) of the Code of Criminal Procedure 1898 in cases of non-prohibitory offences?
- Does an allegation of abetment without direct evidence justify the grant of post-arrest bail?
- Section 382, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
CH. IFTIKHAR HUSSAIN, J.-At the outset, the leaned counsel for the petitioner has requested orally to allow him to add section 392/411, PPC in the main petition, According to him, he came to the addition of there same later on. However, his request has been allowed in the interest of justice. He has made the necessary addition in the bail petition with his signature before the Court today.
3. Petitioner Mst. Grace Bibi through the instant petition has sought for post-arrest bail in case FIR No. 160/2003 originally registered under section 382, PPC with Police Station Wahdat Colony, Lahore.
Later on, the police have added section 392/411, PPC in the same.
4. Briefly the allegation against her is that she had abetted her co-accused in the commission of the dacoity in the house of the complainant.
5. After hearing the learned counsel for the parties and perusing the record, I find that the mere allegation against her is of abetment to her co-accused in the commission of-the crime alleged.
There is no direct evidence of her involvement in the same. Her name has figured in the supplementary statement of the complainant Shahid Hameed recorded on 29.10.2003. The same, thus was after about four months of the alleged incident. Anyway, the question of evidentiary value of such belated statement is open to serious consideration. Her case, therefore, is amply covered under sub-section (2) of section 497, Cr.P.C, calling for further inquiry into her guilt.
6. She is a woman and hence the first proviso to section 497(1) Cr.P.C, is also attracted to her case.
7. She is stated to be behind the bars since 5.4.2004 and a previous non-convict.
8. Ln these circumstances, I find her entitled to bail. The petition therefore, is accepted and she is admitted to bail subject to her furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Illaqa Duty Magistrate.