Mst. NAZEERAN alias NAJJAN vs THE STATE
This bail application arises from a criminal case registered under sections 337-L(ii), 337-F(i), and 302/34 of the Pakistan Penal Code 1860, following an altercation where the petitioner allegedly assaulted the complainant's brother, while her co-accused caused the fatal injuries to the complainant's father. The core legal question was whether the petitioner, a woman, was entitled to the concession of bail given the nature of the allegations and her specific role in the incident. The Court held that the petitioner is entitled to bail, noting that she is not accused of causing the death of the deceased. The Court observed that the offenses attributed to her do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, and the applicability of section 34 of the Pakistan Penal Code 1860 remains a matter for trial. Consequently, the Court determined the case falls within the ambit of further inquiry and granted the bail application, subject to the petitioner furnishing bail bonds.
- Is a female accused entitled to bail when the specific offenses attributed to her do not fall within the prohibitory clause of the Code of Criminal Procedure 1898?
- Does the applicability of section 34 of the Pakistan Penal Code 1860 constitute a ground for further inquiry in a bail application?
- Can bail be granted to an accused when the primary allegation of causing death is attributed to a co-accused?
- 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 F.I.R. No,157 dated 13-6-2005 under sections 337-L(ii), 337-F(i) & 302/34, P.P.C. 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 abdomen 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.0 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 stopping the petitioner from indulging in immoral activities.
5. 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 F.I.R, she may be guilty of offence under sections 337-L(ii), 337-F(i), P.P.C. Which offences do not fall within the prohibitory clause and question of applicability of section 34, P.P.0 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.