Mst. NAZEERAN alias NAJJAN vs STATE
The petitioner sought post-arrest bail in a case registered under Sections 337-L(ii), 337-F(i), and 302/34 of the Pakistan Penal Code 1860 arising from an FIR at Police Station Saddar Burewala. The core legal question was whether a female accused, alleged to have caused simple injuries with a sota during an altercation that led to a homicide committed by a co-accused, is entitled to the concession of bail under the proviso to Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the petitioner is a woman, was not accused of causing the death of the deceased, and her charged offences do not fall within the prohibitory clause while the applicability of Section 34 of the Pakistan Penal Code 1860 remains to be determined at trial, her case falls within the ambit of further inquiry. The petition was consequently allowed, and the petitioner was directed to be released on bail subject to furnishing surety bonds. The court laid down that the case of a female accused alleged to have committed non-prohibitory offences without causing fatal injuries warrants further inquiry for the purpose of bail.
- Whether a female accused is entitled to bail under the proviso to Section 497 of the Code of Criminal Procedure 1898 when charged with offences not falling within the prohibitory clause?
- Does the mere invocation of Section 34 of the Pakistan Penal Code 1860 disentitle an accused to bail where no fatal injury is attributed to them?
- Whether a case falls within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when the tentative assessment of the record shows non-prohibitory offences and questionable applicability of common intention?
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
The petitioner is accused in case FIR No, 157 dated 13.6.2005 under Sections 337-L(ii), 337-F(i), 302/34 PPC registered at Police Station Saddar Burewala.
2.Briefly, the allegation against the petitioner is that in front of residence of the complainant she was found indulged in objectionable activities with one Muhammad Ashraf and when the complainant desisted them, said Muhammad Ashraf grappled with Sajjad brother of the complainant, in the meanwhile, Mst. Naziran petitioner/accused took out sota from her house and started causing injuries to Sajjad. This altercation attracted complainant's father Faqir Muhammad and when he tried to intercept, Muhammad Ashraf gave kick blows to him on his obdomin who fell on the ground and subsequently died because of said kicks.
3.It is contended by the learned counsel that petitioner being woman is entitled to grant of bail in view of proviso to Section 497 Cr.P.C. and that except giving soti blows to the complainant, there is no allegation against her of having caused any injury to the deceased.
4.Learned counsel for the complainant assisted by learned state counsel, opposed the bail petition by contending that petitioner played an active role in the incident and thus was not entitled to the concession of bail. It is further argued that complainant and his father have been taught lesson for stooping the petitioner from indulging in immoral activities.
3. Heard. Record perused.
6. The petitioner is a woman and there is no allegation that she is responsible for causing death of Faqir Muhammad deceased. From perusal of the FIR, she may be guilty of offence under Sections 337-L(ii), 337-F(i) PPC with offences do not fall within the prohibitory clause and question of applicability of Section 34 PPC is to be determined during trial and for this reason the case of the petitioner falls within the ambit of further inquiry. This petition therefore, is allowed and petitioner is directed to be released on bail subject to her furnishing bail bond in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Bench.