Mst. QURRAT-UL-AIN alias SALMA vs THE STATE
This matter concerns a petition for post-arrest bail filed by Mst. Qurrat-ul-Ain alias Salma, who was implicated in a murder case registered under FIR No. 126 of 2001. The petitioner was accused of exhorting co-accused persons to kill her husband, the deceased, following a dispute over divorce and property rights. The core legal question was whether the petitioner, who was unarmed and only attributed with a verbal exhortation (Lalkara), was entitled to bail under the provisions of the Code of Criminal Procedure 1898. The Court held that the petitioner was entitled to bail, noting that she had no prior knowledge of the deceased's arrival at the scene and was empty-handed. The Court emphasized that the allegations against her required further inquiry. Furthermore, the Court applied the principle that a woman's case falls within the scope of the first proviso to Section 497 of the Code of Criminal Procedure 1898, which allows for the grant of bail to women even in non-bailable offences, provided the case requires further investigation.
- Does the attribution of a verbal exhortation (Lalkara) to an unarmed accused justify the denial of bail?
- Does the first proviso to Section 497 of the Code of Criminal Procedure 1898 provide a mandatory ground for bail for female accused persons?
- When does an allegation against an accused in a murder case warrant further inquiry for the purpose of bail?
- Section 302, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Mst. Qurra-tul-Ain alias Salma, petitioner, has sought her post-arrest bail in a case F.I.R. No,126 of 2001, dated 18-7-2001 under sections 302/201/34, P.P.C. Police Station Fateh Sher, Sahiwal.
2. According to the story as given in the F.I.R., Ghulam Dastgir deceased was living in Chichawatni with his second wife, while he had also married with Mst. Salma petitioner, who was his third wife and was resident of Farid Town Sahiwal. The relation between the deceased and Mst. Salma petitioner were strained for the last 6/7 years and the petitioner was living separately at Sahiwal.
On the fateful day, the complainant', who is nephew of the deceased, was summoned by the deceased to settle the matter with Mst. Salma. The complainant alongwith Ghulam Dastgir, deceased, went to Sahiwal and reached at about 9-00 p.m. At the residence of Khawar Ali, where Tariq Javed and Sabir Ali alongwith Mst. Salma were present Ghulam Dastgir deceased asked Mst.
Salma to accompany him but she asked for divorce and share of the property. Therefore, hot words were exchanged between the deceased and Mst. Salma. Allegedly Mst. Salma exhorted Lalkara that Ghulam Dastgir should be done to death. Sabir Ali and Tariq Javed, who were allegedly armed with sota and pistol respectively caused injuries to the deceased, which proved fatal.
3. I have heard the learned counsel for the parties and gone through the record. The learned State counsel has opposed the grant of bail to the petitioner on the ground that the petitioner was the principal accused. She had a motive. She was instrumental in the death of Ghulam Dastgir, as the co-accused only obeyed her command. He has also contended that the challan has been sent up for trial and that the petitioner is named in the F.I.R. As accused.
4. Admittedly, the petitioner had no knowledge whatsoever that' her husband would appear at the house of Khawar Ali at that time. The petitioner was empty-handed. Only a proverbial Lalkara has been attributed to her. She is also a woman and her case is covered by the proviso-1 to section 497, Cr.P.C. The allegation against the petitioner needs further probe and inquiry, therefore, I am inclined to allow this petition and admit the petitioner to bail, subject to her tendering bail bonds in the sum of Rs, ten thousand, with one surety in the like amount to the satisfaction of the trial Court.