Mst. GUGOO vs THE STATE

' Mst. Gugoo accused petitioner was charged along her brother for lurking house trespass and abusing and beating Mst. Bakhmaley (P. W.) with fists and kicks at "Sham Vela" on 2-2-1985 vide F. I.

R. No, 24 P. S. Shankiari lodged at 10-10 hours on the following day by one Sultan, her husband, stating that he was employed as Engineering Supervisor Telephone at Mansehra. He was on his duty on the day of occurrence and returned home in the evening. He was told by his wife that his son Israr aged about 6;7 years was playing in the street. He was beaten by Hakam Khan son of Ali Gohar Khan who was later on joined by his sister Mst. Gugoo the accused-petitioner. They had allegedly trespassed into their house and after abuses they had given beating to his wife Mst.

Bakhmaley P. W. With kicks and fists.

2. Mst. Bakhmaley P. W. In her statement under section 161, Cr. P. C. Charged the accused-petitioner for abuses and to have caught hold of her by her hair and felling her to the ground and that Hakam Khan co-accused had further given her a kick blow in her belly. She had, however, refused to undergo medical examination for the injuries caused to her.

3. The learned Additional Sessions Judge, Mansehra did not confirm the ad interim bail already ranted" to the accused-petitioner for there has been made no allegation of mala fide or ulterior motive on the part of the prosecution in charging the accused-petitioner for the offence. Petitioner was thus obliged to approach this Court for bail before arrest. An ad interim bail was granted to her. Today the record was perused and the learned counsel for the parties and the State counsel were heard.

4. I shall first refer to her pre-arrest bail application which she file in the Court of Additional Sessions Judge, Mansehra. In para. 3 she had stated to have been falsely involved in the offence on account of enmity although she was a Paranasheen lady. In para. 4 she stated that the local police was after her arrest and that she, being a lady, apprehended danger to her honour, if arrested. In view of such a statement in the pre-arrest bail application it cannot be said that the petitioner had not alleged any or ulterior motive on the part of the prosecution in he pre-arrest bail application.

5. Besides the merits, accused petitioner is a Pardanasheen lady and her case stands covered by the first proviso to subsection (1) of D section 497, Cr. P. C. Where under the Court has the power to release her on bail even if there appears reasonable grounds for believing that she has been guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years. She has been charged for an offence not punishable as such. Under the first part of subsection (1) of section 497, Cr. P. C. The Court has the full discretion to release an accused charged for non- bailable offence not punishable with death or imprisonment for life or imprisonment, for ten years.

6. A pre-arrest bail is granted by the High Court or the Court of Sessions under the powers conferred by section 498, Cr. P. C. In the words that such Court may direct that any person be admitted to bail, while exercising its powers under section 498, Cr. P. C. Court has also to kee in view the provisions of section 497, Cr. P. C. Bail before arrest is granted in a case when the Court feels that perhaps accused has been falsely involved in the case and he is likely to suffer irreparable injury to his dignity, honour or reputation by his arrest. Since, the legislatur favours the grant of bail to persons under the age of 16 years or women c or sick or infirm persons accused of offences punishable with death or imprisonment for life or imprisonment for ten years under the first proviso to subsection (1) of section 497, Cr. P. C. Hence accused of the category and particularly Pardanasheen women should not be refused a pre-arrest bail particularly in cases charged for offences not covered by the prohibitory clause of subsection (1) of section 497, Cr. P. C., more so, when there are also allegations of danger to their dignity and honour in case of their arrest.

7. In view of what has been stated above the earlier ad interim pre-arrest to the accused-petitioner is hereby confirmed.