Law: Criminal Procedure Code (V of 1898)

Section: 498,497(1)

Law: Penal Code (XLV of 1860)

Section: 302,324,109

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(1)---Penal Code (XLV of 1860), Ss. 302, 34 & 109---Qatl-i-amd, common intention and abetment---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Accused, a female---Allegation against accused-lady was that she had conspired with her husband to commit murder---Accused-lady had not caused any injury to the deceased, she having an infant, her case fell under the exceptions of proviso (1) of S. 497, Cr.P.C.---Nothing was required to be recovered from her, she had been declared innocent in first phase of investigation---Accused lady was prepared to surrender her passport to the court till the decision of the case, which eliminated the chance of her abscondence---Circumstances had brought the case of accused-lady within the ambit of further inquiry---Ad-interim pre-arrest bail already granted to accused-lady was confirmed in circumstances with the direction to surrender her passport to the Trial Court till the decision of the case. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.--- Petitioner seeks pre-arrest bail in a case registered against her and others vide FIR No. 855 dated 22.11.2014 under sections 302, 34, 109, P.P.C. at Police Station City Hafizabad on the written complaint of Muhammad Javaid that petitioner along with his co-accused Mumtaz alias Bukhari Shah (since convict) committed the murder of Sikandar Hayat by a criminal conspiracy of her husband Iftikhar Shah since (P.O abroad Dubai). 2. Learned counsel for the petitioner has argued that petitioner has allegedly been attributed, a lalkara simplicitor, in the first phase of investigation; she was found innocent whereas the alleged Motive mentioned in the FIR is not directly relatable to her while co-accused whom the death was attributed has already been convicted and sentenced to life servitude; nothing is required to be recovered from her and the proceedings of declaring her P.O are fabricated even this fact alone may not be considered a ground to decline the relief sought for as circumstances of the case make it out in her favour and being a weaning woman her case falls within the exceptions; it has further been…

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