Mst. MUMTAZ vs THE STATE and another
This post-arrest bail petition was filed under Section 497 of the Code of Criminal Procedure 1898 by a 60-year-old female petitioner in an FIR initially registered under Section 363 and subsequently supplemented with Section 364-A of the Pakistan Penal Code 1860, concerning the alleged abduction of multiple women and a minor child. The core legal questions were whether an unexplained delay of 4–5 months in lodging the FIR, coupled with the absence of a direct role in the abduction and the petitioner's advanced age, entitled her to bail under the second proviso to Section 497(1), Cr.P.C, and whether the case required further inquiry under Section 497(2), Cr.P.C. The Lahore High Court allowed the petition and granted bail. The Court held that the primary allegations were directed against her husband, the minor child was safely recovered alive, and Section 364-A was not prima facie attracted to her extent, rendering her guilt a matter for further investigation.
- Whether an unexplained delay of several months in lodging an FIR can be considered as a ground for granting post-arrest bail?
- Is an elderly female accused entitled to bail under the second proviso to Section 497(1) of the Code of Criminal Procedure 1898 where the main role in the offense is attributed to a co-accused?
- Does a case qualify for bail as one requiring further inquiry under Section 497(2), Cr.P.C. when the applicability of a non-bailable, capital offense to the petitioner is doubtful?
- Section 497, Code of Criminal Procedure 1898
- Section 363, Pakistan Penal Code 1860
- Section 364-A, Pakistan Penal Code 1860
ORDER
'HAFIZ ABDUL REHMAN ANSARI, J.-Mst. Mumtaz wife of Sultan, petitioner through this petition under section 497, Cr.P.C, seeks post arrest bail in case F.I.R. No,75 dated 24-2-2009, registered with Police Station City Sahiwal, at the instance of Ali Zaman, for an offence under section 363, P.P.C, and later on section 364-A, P.P.C, was also added.
2. Allegation against the petitioner was that she and her other co-accused about 4/5 months before registration of the F.I.R, kidnapped complainant's mother Mst. Dullan Bibi, two sisters Mst.
Sheeman and Nasreen as well as his cousin Mst. Sakina along with her minor son Ali Raza.
3. Bail was declined to the petitioner by the learned Additional Sessions Judge, Sahiwal, vide order dated 25-6-2009.
4. Learned counsel for the petitioner submits that there is unexplained delay of 4/5 months in registration of the F.I.R, petitioner is innocent and has been falsely implicated in this case; that the child was not recovered from the petitioner, he was recovered from Sultan: On 11-3-2009 he was handed over to his mother Mst. Sakina Bibi. Learned counsel further that the petitioner is old lady of 60 years and her case is covered under proviso (2) of section 497 , Cr.P.C, she is entitled for post arrest bail.
5. On the other hand, grant of bail has been opposed by the learned ADPP by contending that offence under section 364-A, P.P.C, falls within the prohibitory clause of section 497, Cr.P.C.
6. I have heard the learned counsel for the parties and perused the record. Initially the case was got registered under section 363, P.P.C. For abduction of mother of the complainant Mst, Dullan Bibi, her two sisters Mst. Sheeman and Nasreen as well as cousin Sakina along with her minor son Ali Raza. Later on the investigating officer added section 364-A, P.P.C, for which maximum punishment is prescribed as death. Further allegation is that the husband of the petitioner is member of a Gang which abducts women in the Province of Punjab and smuggles them to the Province of Sindh for selling them, which obviously is a very heinous offence. In the investigation the main co-accused nominated in the F.I.R, was found guilty. No doubt the name of the petitioner is mentioned in the F.I.R, but the case was registered after a delay of 4/5 months. The direct role of abduction of the women is attributed to the husband of the petitioner and not to the petitioner. Case of the petitioner also falls under second proviso to section 497, Cr.P.C. The petitioner is an old lady of about 60 years. The offence under section 364-A, P.P.C, is not attracted to the extent of the petitioner lady . The main role of abduction of three ladies is attributed to Sultan Chandib son of Peera Khan and the alleged abductee Ali Raza was also recovered, who is alive and it was alleged that the complainant had suspicion that minor Ali Raza had been killed, but the suspicion is also proved false. Case of the petitioner needs further investigation into her guilt whether to her extent section 364-A, P.P.C, is attracted or not. She is behind the bars since 18-5-2009. Keeping her behind the bars for an indefinite period would not serve any useful purpose.
7. In the light of the above discussion, this petition is accepted and the petitioner is admitted to bail subject to her furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.