Mst. NAJMA alias NAGINA vs THE STATE
This is a criminal petition filed by Mst. Najma alias Nagina seeking post-arrest bail in a murder case registered under Section 302 of the Pakistan Penal Code 1860, where her husband was allegedly murdered by other co-accused. The core legal question was whether the petitioner, being a female to whom no overt act or practical role was attributed during the incident, was entitled to the concession of bail under the statutory proviso. The Lahore High Court held that the petitioner made out a fit case for bail as no practical role was assigned to her and her case fell squarely within the ambit of the statutory exception for females. The court laid down the principle that a female accused against whom no active role or overt act is attributed in the commission of the crime is ordinarily entitled to the benefit of the proviso to Section 497(1) of the Code of Criminal Procedure 1898.
- Is a female accused entitled to bail under Section 497(1) Code of Criminal Procedure 1898 when no overt act or practical role is attributed to her?
- Whether the existence of alleged illicit relations alone is sufficient to deny bail when no active role in the crime is established?
- Section 497, Code of Criminal Procedure 1898
' On the night falling between 20/21-4-1999 Mushtaq Ahmad was murdered in his house by Sajid, Tariq accused while Muhammad Azam accused was standing in the door. Mst. Najma alias Nagina wife of the deceased who was the maternal uncle of Zaki-ur-Rehman complainant was also present in the room. Thereafter, the dead body was removed in a car and was recovered therefrom.
2. Mst. Najma alias Nagina was arrested as the accused of the case. The investigation stands completed. The challan has been sent up to the learned Court of Session. Some prosecution witnesses have also been examined. The bail plea of Mst. Najma alias Nagina has been dismissed by the learned Additional Sessions Judge who has filed this petition before the Court with the same desire.
3. I have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. Learned counsel for the petitioner has argued that no overt act or practical role has been attributed to Mst. Najma alias Nagina and that she being a fqmale is, entitled to be admitted to bail. On the contrary the contention of the learned State Counsel is that Mst. Najma alias Nagina carried on her illicit relations with Sajid accused and her presence at the place of occurrence is sufficient 'to involve her. He added that the trial has commenced and that only three witnesses remain to be examined.
4. I would express that it is a case for the admission 'of Mst. Najma alias Nagina petitioner to bail on the ground that no practical role has been attributed to her and that she is a female whose case is covered by proviso Ito subsection (1) of section 497 of the Code of Criminal Procedure.
5. Finding it to be a fit case, I accept this application and admit Mst. Najma alias Nagina petitioner- accused to bail 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 with the direction to appear before the learned trial Court on every date of hearing failing which the learned trial Court may cancel her bail and, proceed further in accordance with law.