Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, grant of---Suckling child kept in jail with accused mother---Right of suckling child in Islam--- Scope--- Accused-petitioner was charged for murder and there was suckling baby with her who was behind the bars for more than one and a half month and three other children back home---Welfare of the minors would be taken into account in such a situation---Punishment provided for the offence was death, which fell within the prohibitory clause of S.497(1), Cr.P.C. and accused could not be released on bail---Concept of "welfare of minor" being incompatible with jail life, instead of detaining the innocent child/infant in jail for the crime allegedly committed by his mother, it would be in the interest of justice as well as welfare of the minor, if the mother was released from jail---Islam attached paramount importance and significance to the right of a suckling baby---Circumstances established that accused-petitioner was entitled to bail in circumstances. Mst. Nusrat v. The State 1996 SCMR 973 and Sadiq Waqas v. The State and another 2012 PCr.LJ 841 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, J.--- Accused-petitioner, Shehnaz wife of Inayatullah, seeks bail in case FIR No. 1174 dated 24.9.2016 under section 302, P.P.C. registered at Police Station Bhana Mari, Peshawar. She has been refused bail by the learned Additional Sessions Judge-VI, Peshawar vide order dated 5.5.2017; hence, the instant petition for the same purpose. 2. The order sheet dated 25.5.2017 of Deputy Registrar of this Court is revealed that notice was issued to respondent No.2, which has been returned with the report that he is residing in Chitral, however, he was served through his Cell Phone No. 0345-1114882 but none turned up; hence, the case was placed before the Court for today. 3. Arguments of learned counsel for the petitioner as well as learned Additional Advocate General were heard and record of the case was perused. 4. Perusal of the record would reveal that initially, Latifullah, complainant lodged a report vide Naqal Mad No. 57 dated 19.9.2016 regarding the murder of his…

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