ZOHRA KHANUM vs THE STATE
The petitioner, a woman, sought post-arrest bail in a case involving multiple charges under the Pakistan Penal Code 1860, specifically sections 302, 324, 148, 149, and 109. The prosecution alleged that the petitioner facilitated the crime by calling the complainant party out of their house to discuss a compromise, thereby exposing them to assailants who subsequently opened fire, resulting in one death and one injury. The petitioner argued that she was not attributed any effective role, such as a 'Lalkara', and had been in judicial custody for over ten months. The Supreme Court observed that even if the prosecution's version were accepted, the petitioner's alleged role of calling the victims for a compromise did not necessarily establish common intention with the assailants. Holding that the question of shared common intention required further inquiry and noting the petitioner's gender and duration of incarceration, the Court granted bail. The principle laid down is that where an accused's specific role in facilitating a crime is ambiguous regarding common intention, and the accused is a woman in custody, bail may be granted pending further inquiry.
- Does the act of calling a complainant party out for a compromise, without further overt acts like a Lalkara, automatically establish common intention under the Pakistan Penal Code 1860?
- Is a female accused entitled to bail when her role in the alleged offence requires further inquiry and she has been in judicial custody for a significant period?
- Can bail be granted in a murder case where the petitioner's specific role in the commission of the crime is subject to further investigation?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 345, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
ORDER
' TASSADUQ HUSSAIN JILLANI, J.--- Petitioner seeks bail in a case registered vide F.I.R. No,292 of 2002, dated 20-7-2007, under sections 302/324/148/149 and 109, P.P.C. At Police Station Saddar, Narowal.
2. The prosecution story briefly stated is that on the fateful day at about 9-45 p.m., petitioner came to the house of Pervaiz Alam of the complainant party and called them out for effecting a compromise in a criminal case registered in that morning vide F.I.R. No,291 of 2007 dated 19-7-2007 under sections 345/506, P.P.C. At Police Station Saddar, Narowal, in which her husband was one of the accused. Muhammad Aslam Pervaiz (deceased) at that time was also sitting in the house along with his son Adnan Aslam. As they came out of the house, accused Sajjad armed with pump action gun, Akhtar Ali alias Kaka armed with similar gun, Abdul Qayyum alias Irfan armed with .44 bore rifle and Habib armed with .8 mm rifle started firing at Muhammad Aslam Pervaiz and his son Adnan Aslam. Within the view of the complainant and P.Ws. The former received fatal injuries and died at the spot whereas Adnan Aslam received fire-arm injuries.
3. Learned counsel for the petitioner seeks bail on the ground that petitioner is a woman; that she is not attributed any effective role in the alleged occurrence; not even raising a proverbial Lalkara; that the story qua the role attributed to the petitioner is repellant to common sense; that petitioner is in judicial lock-up for the last more than 10 months and she is no more required for further investigation.
4. Learned counsel for the respondent opposes the petition by submitting that it was petitioner who played the pivotal role in calling the complainant party out of the house and making them venerable to their assailants; that she was specifically named in the F.I.R. Lodged promptly and that two accused are still fugitive to law.
5. Learned Additional Prosecutor-General also opposes the petition.
6. Even if the prosecution story that the petitioner went and called out the complainant party is believed to be true, there is no allegation that she raised any Lalkara or asked their assailants to fire at the complainant party. On complainant's own showing she had called them out of the house for a compromise. The question whether she shared the common intention with the co-accused would require further enquiry. She is a woman and is in judicial lock-up for the last more than 10 months.
7. In the afore-referred circumstances, petitioner has made out a case for grant of bail. Resultantly, this petition is converted into appeal and allowed and she is allowed bail subject to her furnishing bond in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial Court.
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