Mst. SURAYYA BIBI vs THE STATE
This matter arises from a criminal bail petition filed by Mst. Surayya Bibi, who is implicated along with others in a case registered under sections 302, 452, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether a female accused who was empty-handed during the alleged occurrence and is only attributed with raising a lalkara and instigation is entitled to post-arrest bail. The Lahore High Court accepted the application and held that since the petitioner was empty-handed, inflicted no injuries, and is a female, she is entitled to the concession of bail. The key principle laid down is that female accused persons who are empty-handed and whose role is limited to instigation without causing injuries are generally fit cases for the grant of post-arrest bail.
- Is a female accused attributed only with raising a lalkara and remaining empty-handed during an incident entitled to post-arrest bail?
- Does the absence of any injury attributed to an accused person justify the grant of bail in a case under section 302 of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Mst. Surayya Bibi is involved in a case under sections 302, 452, 148, 149, P.P.C. Alongwith her husband Nazir Ahmad and six others.
2. The prosecution case, in brief, is that on 16-2-2002 atabout 7-45 p.m. Ghulam Mustafa, Nazir Ahmad, Murtaza, Sagheer, Naik Muhammad, Abid Hussain, Naziran Bibi and the present petitioner entered the house of Khadim Hussain, the son-in-law of Nazir Ahmad (complainant) in order to take possession of the house of Naikh Muhammad accused. Mst. Surayya Bibi, present petitioner, and Naziran Bibi were empty-handed; while the remaining accused were carrying different type of weapons. Khadim Hussain (P.W.) was allegedly caught hold of by Naik Muhammad and Abid Hussain and subjected to violence, when Muhammad Ashfaq son of Nazir Ahmad (complainant) tried to rescue Khadim Hussain. Ghulam Mustafa (co-accused) inflected a blow with the butt of his rifle, which landed on the head of Muhammad Ashfaq. Khadim Hussain, Abdul Munaf, Nasser Ahmad and Nazir Ahmad (complainant) also received injuries at the hands of the accused. The allegation against Mst. Surayya Bibi petitioner is that she continued raising Lalkara during the occurrence and instigated his co-accused to kill Muhammad Ashfaq.
3. I have heard the arguments -and have perused the record. Mst. Surayya Bibi was empty- handed. She has not caused any injury to any person. She, being female, is otherwise entitled to the concession of bail. I, therefore, accept this application and order her release on bail subject to furnishing bail bond in the sum of Rupees Fifty Thousand with one surety in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- Mst. SABEELA Versus THE STATE 2004 PCRLJ 1692