Mst. KHURSHEED BIBI and others vs THE STATE
This matter comes before the Lahore High Court through consolidated petitions filed by Jafar Ali alias Rafique and Mst. Khursheed Bibi seeking post-arrest bail in case F.I.R. No. 193 registered at Police Station Malka Hans, District Pakpattan Sharif, for offences under sections 302, 324, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question revolves around whether the petitioners, who are charged with abetment and whose presence and role require further scrutiny, are entitled to post-arrest bail, particularly considering the female petitioner's coverage under the statutory provisions for women and the relationship of the petitioners to the main accused. The court held that the case against both petitioners calls for further inquiry into their guilt, and continued incarceration would serve no beneficial purpose since the challan has already been submitted. Consequently, the petitions were allowed and bail was granted to both petitioners. The key principle laid down is that where accused persons are charged with behind-the-scene abetment and are closely related to the main accused, raising a possibility of a wider net being cast by the complainant, and where a female accused falls within the beneficial scope of the statutory proviso to section 497(1) of the Code of Criminal Procedure 1898, the case warrants further inquiry under section 497(2) of the Code of Criminal Procedure 1898, favoring the grant of post-arrest bail.
- Whether an accused charged with behind-the-scene abetment without witnesses named in the F.I.R. is entitled to post-arrest bail on the ground of further inquiry?
- Does the case of a female petitioner charged with abetment and raising a Lalkara attract the beneficial provisions of the first proviso to subsection (1) of section 497 of the Code of Criminal Procedure 1898?
- Whether the submission of a challan and completion of investigation make the continued custody of petitioners in jail unnecessary for serving any beneficial purpose?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Through this consolidated order I propose to decide Criminal Miscellaneous No,8017-B of 2004 filed by Jafar Ali alias Rafique petitioner and Criminal Miscellaneous No,8018-B of 2004 preferred by Mst. Khursheed Bibi petitioner together as both the above mentioned petitioners have sought post- arrest bail in the same criminal case, i.e, case F.I.R. No,193 registered at Police Station, Malka Hans,.
District Pakpattan Sharif on 10-6-2004 for offences under sections 302/324/148/149/ 109, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been observed by me that admittedly Jafar Ali alias Rafique petitioner was not present at the scene of the crime at the relevant time and he only stands saddled with the responsibility of providing behind-the-scene abetment to his co-accused. No witness of the alleged abetment had been mentioned in the F.I.R. As far as Mst. Khursheed Bibi petitioner is concerned she too had allegedly provided abetment to her co-accused and she had additionally been alleged to be present at the spot during the alleged occurrence and had allegedly raised a Lalkara. Both Jafar Ali alias Rafique and Mst. Khursheed Bibi petitioners happen to be the parents of the main accused in this case and, thus, a possibility regarding throwing the net wide by the complainant party cannot safely be ruled out, of consideration at this stage.
' Mst. Khursheed Bibi petitioner is a woman and, thus, the case against her attracts the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioners in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against both the petitioners calls for further inquiry into their guilt. Both the above mentioned petitions are, therefore, allowed and Jafar Ali alias Rafique and Mst. Khursheed Bibi petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.