Maria Sanam vs The State and another
This matter concerns a petition for post-arrest bail filed by the petitioner, who is accused in a criminal case involving charges under sections 302, 376, and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, a woman accused of complicity in murder and rape, was entitled to bail given the evidentiary status of the prosecution's case and her gender. The Court observed that the occurrence was unseen, the Chemical Examiner's report prima facie contradicted the allegation of administering sleeping pills, and a co-accused had already been granted bail based on a compromise. Furthermore, the Court noted that the only evidence against the petitioner was an extrajudicial confession made in police custody, the value of which required trial determination. Holding that the case constituted one of further inquiry and noting the petitioner's status as a woman and a previous non-convict, the Court granted post-arrest bail. The key principle laid down is that where evidence is tentative and the trial has not progressed, a female accused may be granted bail under the first proviso to section 497(1) of the Code of Criminal Procedure 1898.
- Is an extrajudicial confession made in police custody sufficient to deny bail?
- Does the first proviso to section 497(1) of the Code of Criminal Procedure 1898 provide a distinct ground for bail for female accused?
- Can bail be granted when the prosecution's case relies on evidence contradicted by a Chemical Examiner's report?
- Section 302, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
Cr.M. No.202-M of 2016 This is an application for placing on record better copy of the FIR. For the reasons mentioned in this miscellaneous petition, the same is allowed and the document appended with this miscellaneous petition is made part of the file.
Main Case
2. Through this petition under section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.381/2015 dated 26.05.2015 under sections 302, 376, 34 PPC registered at Police Station Pir Wadhai, Rawalpindi.
3. The arguments advanced by learned counsel for the parties have been heard and record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR the allegation against the present petitioner is that she was present in the house alongwith Mst.Nabeela (deceased) when the complainant, his wife and sons went on their jobs and when they returned home, dead body of Mst.Nabeela was found hanging with a rope. It appears from the contents of FIR that it was an unseen occurrence and nobody had seen the accused committing alleged offence. During investigation it was alleged that the petitioner administered sleeping pills to the deceased and thereafter Shakeel and his co- accused Rizwan committed rape with her, but the report of Chemical Examiner prima facie falsify the story of administering sleeping pills to the deceased. Furthermore there is no denial of the fact that said Shakeel who alongwith co-accused Rizwan (since P.O.) committed rape with the deceased has already been granted bail on the basis of compromise. It is settled law that vicarious liability of the petitioner for the murder of deceased shall be determined by the learned trial court after recording evidence. The only material available against the present petitioner is in the shape of her extrajudicial confession that too made in police custody, so reliability and value of such type of evidence shall be determined by the learned trial court at an appropriate stage. Being woman, the case of the petitioner is covered by first proviso to sub-section (1) of section 497 Cr.P.C. The petitioner is previous non-convict and never involved in any other case. She is behind the bars since 05.06.2015; nine and a half months have elapsed but her trial has not seen any fruitful progress as yet. Investigation of the case is complete and the petitioner is no more required for further investigation, therefore, her further incarceration in jail would not serve any useful purpose.
4. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub-section (1) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.
5. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.