Mst. GOGI vs STATE
This matter concerns a petition for post-arrest bail filed by Mst. Gogi, who was accused in a criminal case registered under Section 302/34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, a female accused, was entitled to the concession of bail given the specific nature of the allegation against her. The petitioner contended that the only role attributed to her was that of raising a 'lalkara' (incitement) without any overt act, and that she had been incarcerated since March 2009. The Court, upon reviewing the record, held that since the petitioner was a woman and the only allegation was the proverbial lalkara, her case warranted the grant of bail under the provisions of the Code of Criminal Procedure 1898. The Court emphasized that the petitioner was no longer required for investigation purposes. Consequently, the petition was allowed, and the petitioner was admitted to post-arrest bail subject to the furnishing of a bail bond.
- Is a female accused entitled to post-arrest bail when the only allegation against her is raising a lalkara?
- Does the absence of an overt act attributed to an accused in a murder case justify the grant of bail?
- Can bail be granted when the accused is no longer required for investigation purposes?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Mst. Gogi, daughter of Sabir Ali, petitioner, seeks post arrest bail in case FIR No, 132/09 dated 19.3.2009 offence under Section 302/34 PPC registered at Police Station Ghalla Mandi, Sahiwal.
2. It is, inter-alia contended that only allegation against the petitioner is that of raising lalkara and no overtact has been attributed to her; that she is behind the bars since 26.3.2009 and no more required for investigation purpose.
3. Learned Deputy Prosecutor General vehemently opposes this petition.
4. Arguments heard. Record persued.
5. The petitioner, who is a lady has only been attributed proverbial lalkara. She is no more required for investigation purpose and is behind the bars for the last two months. Her case, therefore, falls within the purview of Section 497 Cr.P.C. Therefore, this petition is allowed. She is admitted to post arrest bail subject to her furnishing bail bond in the sum of Rs, 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned trial Court.
6. With these observations, this petition stands disposed of revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.