Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/ 324/ 148/ 149/ 109---Qatl-e-amd, attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Accused lady at the relevant time appeared to be empty-handed and she had been assigned a general role along with others to have hurled abuses and beaten a woman---No specific injury had been attributed to accused and the question of vicarious liability in the occurrence was to be gone into at the trial---Case against accused, therefore, called for further inquiry into her guilt as envisaged under S.497(2), Cr.P.C.---Accused could not be refused bail on account of her alleged abscondence when she had been found entitled to bail on merits---Accused was having one year old suckling baby with her in jail and on this ground alone she deserved her release on bail---Accused was a previous non-convict and she was in jail for the last one month and twenty-five days---Bail was allowed to accused in circumstances. Mst. Zarina v. The State 1991 MLD 518 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/ 324/ 148/ 149/ 109--- Qatl-e-amd attempt to commit qatl-e-amd---Bail---Accused lady was having her one year old suckling baby with her in jail---Accused deserved bail on this ground alone. Mst. Zarina v. The State 1991 MLD 518 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- The requisite report from the jail received. 2. Petitioner Mst. Farzana Bibi by way of the instant petition has prayed for post-arrest bail in case F.I.R. No.193 registered under sections 324/148/149/109, P.P.C. with Police Station Head Marala, District Sialkot on 31-10-2004. Later on, the police is stated to have added the offence under section 302, P.P.C. in the same. 3. Briefly the prosecution case as per the F.I.R. is that on 31-10-2004 at about 1-30 p.m. she and others, in prosecution of the common object of the unlawful assembly formed by them, have committed the murder of Muhammad Ayyub and injured Mst. Irshad Bibi and Mst. Bilqees. 4. After hearing the learned counsel for the parties and perusing the record,…

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