Law: Criminal Law Amendment Act, 1953

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/394/107/109/411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/394/107/109 & 411--Supplementary statement--Abetment--CDR--Ingredients of S. 107 of, PPC is missing--Lady--Bail--grant of--Petitioner was not named in the crime report--She was implicated in the case on the supplementary statement--Only allegation against the petitioner is that the whole occurrence was committed by the accused on her abetment--No specific date, time and place where the conspiracy was hatched has been mentioned--Ingredients of S. 107 of, PPC is missing--There is no evidence that the mobile phone belonged to the petitioner and the SIM was in her name--The CDR in isolation does not advance the prosecution’s case--The petitioner is a lady of 50 years of age--The petitioner is admitted to bail. ORDER Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 20.04.2022 passed by the learned Single Judge of the Lahore High Court, Lahore, with a prayer to grant post-arrest bail in case registered vide FIR No. 172 dated 02.02.2022 under Sections 394/302/411/109, P.P.C. at Police Station Mangamandi, Lahore, in the interest of safe administration of criminal justice. 2. Briefly stated the prosecution story as stated in the crime report is that on the fateful day and time, two brothers of the complainant namely Saifullah and Muhammad Nawaz were going towards Sundar Estate on motorbike. They were intercepted by the two unknown persons, who on gun point robbed mobile phones and cash amount from his brothers and thereafter made a fire shot in the head of Saifullah, who succumbed to the injuries at the spot. They also made a fire shot on the leg of the other brother namely Muhammad Nawaz. Subsequently, on the basis of supplementary statement of the complainant, the petitioner, who was wife of Saifullah, deceased, was implicated in the case. The allegation against her is that the whole occurrence was committed by the accused on her behest and she being in league with him provided him information as she was allegedly having illicit…

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