Mst. Bakhtawar alias Bakhi Shahzadi Larik vs The State
This matter arises from a criminal bail application filed by Mst. Bakhtawar alias Bakhi Shahzadi Larik seeking post-arrest bail under Section 497 of the Code of Criminal Procedure 1898 after her bail plea was refused by the trial court. The applicant was booked for the alleged recovery of 1150 grams of Charas. The core legal question is whether the applicant makes out a case for further inquiry to warrant the grant of post-arrest bail. The Sindh High Court held that the applicant is entitled to bail, observing that she is an old and infirm lady, there are no independent witnesses to the incident, the case has been challaned, and there is no apprehension of tampering with evidence. The court laid down the principle that the presence of mitigating factors such as the accused being an old and infirm woman, lack of independent corroboration, and completion of the challan without risk of evidence tampering collectively bring the case within the scope of further inquiry under Section 497, Code of Criminal Procedure 1898.
- Whether an old and infirm female accused is entitled to post-arrest bail in a narcotics case when no independent witness is associated with the recovery?
- Does the completion of investigation and submission of the challan negate the apprehension of tampering with evidence for the purpose of bail?
- When does a case fall within the scope of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
ORDER
IRSHAD ALI SHAH, J. It is alleged that on arrest from the applicant was secured 1150 gram of 'Charas by police party of PS Sobhodero, for that she was booked and reported upon.
2. The applicant on having been refused post-arrest bail by learned 1st Additional Sessions/(MCTC)/Special Judge for CNS, Khairpur has sought for the same from this Court by way of instant bail application under section 497, Cr.P.C.
2.(sic.) Heard arguments and perused the record.
3. The applicant is said to be old and infirm lady; there is no independent witness to the incident; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant. In these circumstance; a case for release of the applicant on bail, on point of further inquiry obviously is made out.
4. In view of above the applicant is admitted to bail subject to her furnishing solvent surety in sum of Rs .50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.
5. The instant Criminal Bail Application is disposed of accordingly.