| Citation(s) |
|---|
| 2018 SLG 924 2018 SLD 924 2018 YLR 733 |
Cr. Misc. No. 151 of 2016, decision & hearing Dated: 24-10-2016.
MALIK HAQ NAWAZ, JUSTICE
Dy.A.G. for the State.
MST. KAUSAR
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss.497 & 498---Penal Code (XLV of 1860), Ss. 468, 471, 496-A & 496-B---Forgery for purpose of cheating, using as genuine a forged document, enticing or taking away or detaining with criminal intent a woman, fornication---Bail, grant of--All the accused booked in the case were admitted to bail but present petitioner was not released from custody due to condition that surety must be her husband, father, mother, brother or sister---Held, that such condition was harsh and not justified which deprived the lady to get her release---Condition was not workable as none of the above mentioned persons came forward for her release---Case for removal of condition or modification was made out---Petition for bail was allowed accordingly. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner Mst. Kausar daughter of Bashir resident of Balghar, Ghanche is confined in District Jail Skardu as she has been booked for the offences under sections 468/471/ 496-A/496-B, P.P.C. vide FIR No. . 36/16 dated 25/04/16 registered at Police Station Skardu. 2. It is to be mentioned here that all the co-accused booked in the instant case have been released on bail. The petitioner was also allowed bail vide order dated 22-06-2016. The petitioner/accused could not be released from jail, because of the condition imposed in bail granting order dated 22-06-2016. The operative part of the said judgment is re-produced as under:-- "The case of petitioner attracts the rule of consistency therefore petitioner is submitted to bail subject to her furnishing of bail bonds in the sum of Rs. 200000/-(Two lac only) self with two sureties i.e. mandatory by her husband and second by her father/mother/real brother/real sister each in the like amount to satisfaction of any Judicial Magistrate Skardu." 3. The petitioner/accused lady was unable to secure her release because of the above condition imposed in bail granting order. The petitioner/accused submitted an application to the Hon'ble Chief Judge Gilgit-Baltistan through Superintendent Jail Skardu/Baltistan. In the application she has narrated the hardships being felt by her in jail custody…
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