Mst. RAZIA BEGUM vs THE STATE
This matter concerns a petition for pre-arrest bail filed by Mst. Razia Begum, who was implicated in an FIR registered under Section 324/34 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, armed with a pistol, inflicted a butt blow on the face of the complainant's brother, causing a tooth fracture, while her co-accused allegedly caused firearm injuries to the complainant's father. The core legal question was whether the petitioner was entitled to pre-arrest bail given the nature of the allegation, her gender, and the findings of the police investigation. The Court held that the petitioner was entitled to the concession of bail, noting that the investigating officer had declared her innocent during the investigation. Furthermore, the Court emphasized that as a female, the petitioner's case fell within the ambit of the first proviso to subsection (1) of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court confirmed the ad interim pre-arrest bail, while directing the investigating officer to conduct the remaining investigation strictly on merit.
- Is a female accused entitled to the concession of bail under the first proviso to subsection (1) of Section 497 of the Code of Criminal Procedure 1898?
- Does a finding of innocence by the investigating officer constitute a valid ground for confirming pre-arrest bail?
- Can a court direct the investigating officer to conduct an investigation strictly on merit while granting bail?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' M. BILAL KHAN, J.-Mst. Razia Begum wife of Dildar Hussain, the petitioner, by filing the instant petition seeks her pre-arrest bail in case F.I.R. No, 199, dated 28-4-2005, registered at Police Station Sadda'r Sammundari, District Faisalabad for an offence under section 324/34, P.P.C. At the instance of Amjad Ali son of Muhammad Tufail.
2. Briefly the allegation against the petitioner according to the complainant was that she while armed with a pistol .30 bore delivered a butt blow on the face of Muhammad Arshad, brother of the complainant, resulting in fracture of his tooth, whereas her co-accused, namely, Dildar Hussain and Muhammad Hafeez, who were carrying .12 bore double barrel gun and .12 bore repeater, respectively, inflicted fire-arm injuries one by one on right leg of Muhammad Tufail, father of the complainant.
3. The petitioner's plea for pre-arrest bail did not find favour with the learned Additional Sessions Judge, Samundari, who turned down the same vide order dated 7-5-2005 this petition.
4. I have heard the learned counsel for both the parties and have also gone through the record brought by Zafar Iqbal, S.-I. Admittedly, the role assigned to the petitioner was that of causing a .30 bore pistol's butt blow on he face of Muhammad Arshad, resulting into fracture of his tooth, which allegation according to the learned counsel for the petitioner is not supported by the medical evidence. It is also worth- mentioning here that there was prima facie no occasion for the petitioner to indulge into such activity in the presence of male members, who were allegedly duly armed with lethal weapons. According to the Investigating Officer, present in Court, the petitioner has been found to be innocent during the course of investigation. Even otherwise, the petitioner being a female, her case falls within the ambit of the first proviso to subsection (1) of section 497, Cr.P.C. Her plea for pre-arrest bail, has not been opposed by the learned counsel for the complainant, who in all fairness submitted that the petitioner being a lady is entitled to the concession of bail. The learned State counsel also did not oppose the plea of the petitioner.
However, the learned counsel for the complainant lamented that the investigation is not being carried but on merit, although one of the victims has suffered amputation of his leg in consequence of the injuries attributed to the co-accused of the petitioner. The Investigating Officer, who is present in the Court is directed to conduct the investigation strictly on merit without ; allowing any extraneous consideration to intervene.
5. For what has been observed above, this petition is allowed and the ad interim pre-arrest bail allowed to the petitioner vide order dated 23-5-2005 is hereby confirmed.