Mst. GHULAM FATIMA Versus THE STATE
This matter comes before the Lahore High Court through a petition filed by Mst. Ghulam Fatima seeking post-arrest bail in a criminal case registered under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question revolves around whether the petitioner is entitled to bail considering the delayed F.I.R., the nature of her role involving a Lalkara and a simple injury, her status as a woman, and the applicability of statutory exceptions. The court held that the petitioner's vicarious liability and sharing of a common object require further probe at trial, and as a woman, her case squarely falls within the beneficial provisions of the first proviso to subsection (1) of section 497 of the Code of Criminal Procedure 1898, as well as calling for further inquiry under subsection (2) of the same provision. The court established the key principle that bail ought not to be withheld by way of premature punishment and that statutory concessions for female accused persons and cases requiring further inquiry warrant the grant of post-arrest bail.
- Does the raising of a Lalkara and causing a simple injury by a female accused warrant further inquiry into her guilt under section 497(2) of the Code of Criminal Procedure 1898?
- Whether the first proviso to subsection (1) of section 497 of the Code of Criminal Procedure 1898 mandates the grant of bail to a woman accused regardless of the gravity of the alleged offense?
- Can post-arrest bail be withheld by way of premature punishment when the investigation is complete and challan has been submitted?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition Mst. Ghulam Fatima petitioner has sought post-arrest bail in case F.I.R. No.184 registered .at Police Station City Jhang on 4-10-2001 for offences under sections 302/324/148/149, P. P, C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case has been lodged with noticeable delay. According to the F.I.R. the petitioner had not caused any injury to Muhammad Amir deceased and the petitioner stands saddled with the responsibility of raising a Lalkara and then causing a Sota blow on the back of. chest of Jaffar complainant. In these circumstances the question of sharing of common object by the petitioner with his co-accused vis-a-vis the alleged murder as also the question regarding vicarious liability of the petitioner for the offences allegedly committed by her co-accused call for further probe at the time of the trial. The petitioner is a woman and her case attracts the provisions of the first. proviso to subsection (1) of section 497, Cr.P.C. which provisions envisages a concession of .bail for accused persons irrespective of gravity of the offence allegedly committed by them. The challan in this case has already been submitted after completion of investigation and. thus, continued custody of the petitioner in jail is not likely to-serve any beneficial purpose at this stage. It is trite that the concession of bail ought not to be withheld by way of premature punishment.
3. For what has been discussed above the case against the petitioner calls for further inquiry into her guilt within the purview of subsection (2) of section 497, Cr.P.C. besides attracting the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. This petition is, A therefore, allowed and the petitioner is admitted to bail subject to furnishing bail Bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./G-337/L Bail granted.