Mst. NUSRAT BIBI vs THE STATE
This matter concerns a criminal appeal filed by Mst. Nusrat Bibi, who sought the suspension of her sentence and release on bail pending the final adjudication of her appeal against a conviction for murder. The petitioner was convicted by the trial court under Section 302(b)/34 of the Pakistan Penal Code 1860 for the murder of her husband and sentenced to life imprisonment. The core legal question was whether the petitioner, a woman convicted of murder, was entitled to the suspension of her sentence and bail given the specific role attributed to her during the commission of the crime. Upon review, the Court observed that the petitioner was not alleged to have caused any physical injury to the deceased, but was merely accused of holding the deceased's hair while co-accused committed the strangulation. The Court held that, considering her limited role and her status as a woman, the suspension of her sentence was warranted. The principle laid down is that the specific nature of a woman's participation in a crime is a relevant factor for the court to consider when exercising discretion to suspend a sentence under the proviso to Section 497(1) of the Code of Criminal Procedure 1898.
- Can a female convict be granted bail pending appeal if her role in the murder was limited to holding the deceased?
- Does the proviso to Section 497(1) of the Code of Criminal Procedure 1898 apply to the suspension of a sentence for a woman convicted of murder?
- Is the suspension of a sentence for a life convict discretionary based on the specific role assigned in the commission of the crime?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' Mst. Nusrat Bibi petitioner-appellant has sought suspension of sentence and her release on bail.
2. They relevant facts are; that Mst. Nusrat Bibi wife of Ghulam Ahmad deceased was sent up to face trial alongwith Muhammad Rafiq and Muhammad Shafiq in case F.I.R. No.73 of 2001 registered at Police Station Liaqatpur for offences under section 302/34, P.P.C. For causing murder of Ghulam Ahmad. Vide judgment dated 10-6-2003 the learned trial Court convicted the accused for an offence under section 302(b)/34, P.P.C. And sentenced each of them to imprisonment for life. They were also directed to pay Rs.2,00,000 as compensation under section 544-A, Cr.)P.C to the.Legal heirs of the deceased. In default whereof the convicts were to suffer further S.I. For six months.
Feeling aggrieved the petitioner-appellant has challenged her conviction and sentence through the instant appeal.
3. The learned counsel for the petitioner has argued that the petitioner has been involved in this case merely on suspicion and that the case of the petitioner was covered by proviso to subsection
(1) of section 497, Cr.P.C. Conversely, the learned counsel appearing on behalf of the c9mplainant and the learned counsel representing the State has opposed this application and has argued that the petitioner has been convicted after a fair assessment of evidence by the trial Court and that she had been instrumental in the murder of her own husband. Thus, she did not deserve any leniency.
4. I have heard the learned counsel for the parties and have also gone through the impugned judgment. It has been noticed that the role assigned to the petitioner is that she /was seen holding hair of the deceased. Admittedly, she has not caused any injury to the deceased who lost his life due to Asphyxia caused by strangulation attributed to convict co-accused Muhammad Rafiq and Muhammad Shafiq. Considering the role assigned to the petitioner and that the petitioner is a woman, I am inclined to suspend the sentence and admit her to bail subject to her furnishing bail bond in the sum of R.1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Bench.