Mst. MARYAM BIBI vs THE STATE
This petition was filed by Mst. Maryam Bibi seeking suspension of her sentence and release on bail pending her appeal against a conviction for abetment in a murder case. The petitioner, an elderly woman, was convicted under sections 302/109, 201/34, 404, and 411 of the Pakistan Penal Code 1860, receiving life imprisonment and other sentences for her role in the murders of two individuals. The core legal question was whether the petitioner, given her status as a woman of advanced age and her role as an abettor rather than a principal offender, was entitled to the suspension of sentence and bail under the relevant provisions of the Code of Criminal Procedure 1898. The Court held that the petitioner's case fell within the scope of the first proviso to subsection (1) of section 497 of the Code of Criminal Procedure 1898. Consequently, the Court allowed the petition, suspended the sentence, and admitted the petitioner to bail, noting her advanced age, the nature of her involvement as an abettor, and the duration of her incarceration.
- Can the sentence of a woman convicted of abetment be suspended pending appeal under the first proviso to section 497(1) of the Code of Criminal Procedure 1898?
- Does the advanced age of a female convict constitute a valid ground for the suspension of sentence and grant of bail?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 404, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' MUHAMMAD FARRUKH MAHMUD, Maryam Bibi petitioner-appellant, through this petition has sought suspension of sentence and her release on bail during the pendency of the instant appeal.
2. The relevant facts are that Mst. Maryam Bibi was sent up to face trial along with her three sons in case F.I.R. No,195, registered with Police Station Talamba on 7-7-2001 for an offence under sections 302/ 109/201/404/411/34, P.P.C. For causing murders of Walayat Hussain and Shaukat Asim and for abetting and destroying the evidence. Vide judgment dated 24-12-2003. The learned Trial Court convicted Mst. Maryam Bibi as follows:---
(i) Under sections 302/109, P.P.C. On two counts she was sentenced to imprisonment for life on each. Count.
(ii) Under section 201/34, P.P.C. 5 years' R.I. Plus fine of Rs,5,000 on two counts.
' All the sentences were to run concurrently and benefit of section 382-B, Cr.P.C. Was given.
3. We have heard learned counsel for the parties and have also gone through the relevant record of the case. Undeniably, the petitioner is not the principal accused and she has been convicted for abetting the offence; the petitioner who is a woman of advance years is mother of the three co- accused. Her case is covered by first proviso to subsection (1) of section 497, Cr.P.C. Which can be considered for the purpose of suspension of sentence as well. A She is in jail for about 2 years and 7 months. In the above noted circumstances we allow this petition suspend the sentence and admit Mst. Maryam Bibi to bail subject to her furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judl.)/Additional Registrar of this Bench.