Mst. Syeda RAAZIA BATOL Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 498, Cr.P.C. Syeda Raazia Batol petitioner has sought bail before arrest in case FIR No. 245/15, dated 15.11.2015 registered at Police Station Chontra, Rawalpindi in respect of 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 by this Court that this is bail before arrest and only tentative assessment is required at this stage. A perusal of FIR shows that the petitioner was empty handed at the place of occurrence and she has not committed any overt act at the spot rather the fatal fire-shot injuries to the deceased Zaheer Abbas as well as Ahmad Khan injured have been attributed to principal accused Gulzar Ali Khan Bangash. During the investigation conducted so far it has come on record that the petitioner is secretary of above said Gulzar Ali Khan Bangash and she has no concern at all with the disputed land vis-a-vis the motive part of this case. I may express here that mere presence of an employee with her master at the place of occurrence does not by itself constitute any criminal liability unless she took part in the incident. The petitioner is a female and by virtue of her gender she is also entitled for concessionary relief from this Court. Law is quite settled on the point that question of vicarious liability and sharing of common intention with her co-accused will be determined by the learned trial court at the time of trial after recording evidence in this case. The petitioner is previous non-convict, never involved in any criminal case, the investigation conducted so far qua her is complete, nothing is to be recovered from her, therefore, handing over his custody to the police at this stage would not serve any beneficial purpose especially in the circumstances when expectedly she will come out of jail after few days on post-arrest bail.

3. For what has been discussed above this petition is, therefore, allowed and the ad-interim pre-arrest bail already allowed to the petitioner vide order dated 15.01.2016 is hereby confirmed subject to furnishing of fresh bail bond by the petitioner in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial court.

HBT/R-5/L Bail confirmed.