Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497--- "Pre-arrest bail"--- "Post arrest bail"---Distinction---Marked distinction existed between "pre-arrest bail" and "post arrest bail"; and considerations for both were on different footings---Scope of pre-arrest bail was wide. Meeran Bux v. The State and another PLD 1989 SC 347 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Ad interim pre-arrest bail, confirmation of---Statements of prosecution witnesses, who had allegedly seen the accused along with her co-accused while throwing the dead body after strangulation, were recorded after the elapse of one month---Such-delay had reduced its value to nil---Extra judicial confession allegedly made by accused before the prosecution witnesses, being very weak type of evidence, its authenticity would be determined by the Trial Court after recording of prosecution evidence---Accused had a suckling baby of about eight months with her---Where a female accused had a suckling baby, welfare of the minor was preferred---No direct evidence was available against accused for participation in the commission of murder of the deceased---Ad interim pre-arrest bail, already granted to accused, was confirmed in circumstances. Abdul Khaliq v. The State 1996 SCMR 1553 and Mst. Nusrat v. The State 1996 SCMR 973 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:----------- Apprehending her arrest at the hands of police, by way of instant petition, the petitioner seeks her pre-arrest bail in case FIR No.177, dated 16.04.2015, offence under section 302, P.P.C., registered with Police Station, Qaboola Sharif, District Pakpattan. 2. Prosecution story, in brief as per contents of the crime report is that in between the night of 14/15.04.2015 at about 9:00 p.m. Allah Jewai, daughter of the complainant, who was wearing golden ear rings and having cash worth Rs.70,000/- went out of the house, but thereafter she did not return. On 16.04.2015, her dead body was found lying in the fields of one Muhammad Akram son of Muhammad Nawaz, but the gold ornaments as well as cash were missing. The complainant stated…

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