SAKINA BIBI vs THE STATE
This is a criminal petition seeking post-arrest bail filed by Mst. Sakina Bibi, who along with others was implicated in a criminal case registered under First Information Report No. 123 of 1998. The petitioner, a woman, was specifically alleged to have been armed with a danda and to have caused a simple injury on the back of the left leg of the complainant. The core legal question before the court was whether the female petitioner was entitled to the concession of bail under the statutory exception provided for women. The Lahore High Court accepted the petition and held that since the petitioner is a woman and her case falls squarely within the ambit of the first proviso to Section 497(1) of the Code of Criminal Procedure, she is entitled to the grant of bail. The key principle laid down is that female accused persons whose cases do not fall within the prohibitory clauses or who are covered by the beneficial first proviso to Section 497(1) of the Code of Criminal Procedure 1898 are ordinarily to be granted bail.
- Whether a female accused is entitled to bail under the first proviso to Section 497(1) of the Code of Criminal Procedure 1898 when attributed a simple injury?
- Does the statutory exception for women under Section 497(1) apply to a petitioner armed with a danda who caused injury to the complainant?
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' Petitioner alongwith four others was named in case F.I.R. No,123 of 1998 registered on the statement of Balqees Bibi wife of Gulzar Masih. Five persons were named in the F.I.R. Namely Yousuf Masih, Nadeem Masih, Saleem Masih. Mst. Sakina, who is wife of Yousuf Masih and Mst. Nasreen. As far as, present petitioner is concerned, she while armed with "Danda" caused injury on the person of the complainant which hit on the back of her left leg.
2. Learned counsel for the petitioner submits that no injury qua the deceased is attributed to the petitioner that she is a woman and her case is covered by the first proviso of section 497(1), Cr.P.C.
3. On the other hand, learned counsel for the State very candidly submits that petitioner is a woman and she is entitled for the grant of bail.
4. After hearing the parties, as the petitioner is a woman and her case is covered by the first proviso of section 497(1), Cr.P.C. This petition is accepted. Petitioner is allowed bail in the sum of Rs,30,000 (thirty thousand) with one surety in the like-amount to the satisfaction of trial Court.