SUGRAN BIBI vs THE STATE and another
This matter concerns a post-arrest bail application filed by the petitioner, Sugran Bibi, who was implicated in a criminal case involving charges under sections 302, 452, 337-L(2), 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, a female accused of facilitating an attack through a 'lalkara' (incitement) and opening a door, was entitled to bail despite the offence falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Court held that the petitioner was entitled to bail, noting that no recovery was effected from her, no specific overt act causing injury was attributed to her, and the investigating officer confirmed a lack of other incriminating evidence. The Court emphasized that the petitioner's involvement appeared to be the result of a 'wider net' cast by the prosecution. Consequently, the Court granted post-arrest bail, establishing the principle that where an accused's specific role is limited to incitement without direct physical injury and no recovery is made, the female accused is entitled to the concession of bail under the proviso to section 497, Code of Criminal Procedure 1898.
- Is a female accused entitled to bail when the only role attributed to her is raising a lalkara and facilitating entry?
- Does the absence of recovery from an accused person justify the grant of post-arrest bail?
- Can bail be granted to an accused charged with an offence falling under the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
CH. MUHAMMAD TARIQ, J.--- Through this application, the petitioner seeks her post-arrest bail in case F.I.R. No,182 of 2010, dated 4-3-2010 for the offence under sections 302/452/337-L(2)/ 148/149, P.P.C. registered with Police Station Satellite Town, Gujranwala.
2. The precise allegation against the petitioner is that she associated the co-accused who trespassed in the house of the complainant and attacked the complainant and her other family members with their fire-arm weapons and as a result whereof, Mst.Faheema Bibi was succumbed to injuries and some others were injured.
3. Learned counsel for the petitioner contends that the petitioner has been implicated in the case as a consequence of wider net. Further contends that the petitioner has not been attributed any role or overt act except that she helped the assailants in opening the door of the house of the complainant party and raised lalkara. He further contends that the petitioner being a woman is entitled to the grant of bail.
4. On the other hand, the learned Deputy Prosecutor-General, Punjab assisted by the learned counsel for the complainant, has vehemently opposed the bail application and has contended that if the petitioner is released on bail she will tamper with the prosecution evidence. Further contends that the petitioner is involved in a case which falls within the prohibitory clause of section 497, Cr.P.C. therefore, she is not entitled to be granted bail.
5. Arguments heard. Record Perused.
6. According to the contents of the F.I.R., the allegation against the petitioner is that the petitioner knocked at the door of the house of the complainant while the deceased Faheema opened the door of her house. The petitioner forcibly entered in the house of her daughter-in-law and raised lalkara. In pursuance of lalkara, the other co-accused fired on the inhabitants of the house and as a result. Mst. Faheema died and other people were injured. The record shows that the petitioner was arrested on 14-4-2010 but no recovery could be effected from her. The petitioner was shown empty handed in the F.I.R. and no overt act role has been attributed to the petitioner except that she has made a lalkara and entered into the house of the complainant. The Investigating Officer of A the case has also submitted that there is no other incriminating evidence available against the petitioner. The challan of the case has already been submitted in the Court. The involvement of the petitioner in the case could be a consequence of wider net, therefore without going into the merit of the case and the petitioner being a female is admitted to bail subject to her furnishing bail bonds in the sum of. Rs,200,000 (Rupees two lacs only) with one surety in the like amount to the satisfaction of the learned Trial Court.