Mst. NOOR JEHAN and anothers vs THE STATE
This is a petition for the suspension of sentence and grant of bail to the petitioners-convicts, Mst. Noor Jehan and Mst. Nasreen Bibi, pending their appeal. The core legal question concerns whether female convicts are entitled to the suspension of sentence and release on bail under the statutory provisions applicable to women in criminal cases. The Lahore High Court held that since the petitioners are women, their case falls squarely within the ambit of the first proviso to section 497(1) of the Code of Criminal Procedure 1898, a principle equally applicable when considering the suspension of a sentence during an appeal. Consequently, the court allowed the petition, suspended the sentence of the petitioners, and directed their release on bail subject to furnishing appropriate security bonds, along with a mandate to appear on every date of hearing.
- Whether the provisions of the first proviso to section 497(1) of the Code of Criminal Procedure 1898 apply while dealing with an application for suspension of sentence?
- Are female convicts entitled to the suspension of their sentence and release on bail under the statutory exceptions provided for women?
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' This is a petition for suspension of sentence of petitioners-convicts Mst. Noor Jehan and Mst.
Nasreen Bibi. Learned counsel for the petitioner, in support of this petition, submits that there is no eyewitness in this case except the extra judicial confession; that the petitioners were not named in the F.I.R.; that as far as recoveries from Noor Jehan (pistol) and Nasreen (knife) are concerned, no witness had stated about those recoveries; that there is no fire-arm injury on the person of the deceased and that the petitioners are entitled to the concession of bail after having suspended their sentence.
2. On the other hand, learned counsel for the petitioners submits that the prosecution witnesses had stated before the learned trial Court that they had seen the petitioners at the place of occurrence and there is evidence of extra-judicial confession and evidence of recovery to connect them with the commission of the offence.
3. Heard. Three co-accused of the petitioners, namely, Khan Muhammad, Misra Khan and Muhammad P. Shraf were acquitted from the case. Without going into the merits of the case lest it may not prejudice case of either side during hearing of the appeal, sufficient it to say, the petitioners are women, their case is covered by first proviso to section 497(1), Cr.P.C. Which provision is also applicable while dealing with the application for suspension of sentence, therefore, petitioner's sentence is suspended and they are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court coupled with a direction that the petitioners shall appear before this Court on each and every date of hearing of this appeal.