Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34/201/302

Criminal Procedure Code (V of 1898)--- ----S. 497, fourth proviso---Penal Code (XLV of 1860), Ss.302/201/34---Qatl-e -amd, causing disappearance of evidence, or giving false intention to screen offender---Bail grant of---Accused was female and statutory period of six months mentioned in fourth proviso of S.497, Cr.P.C. had expired---Effort was made, even during the pendency of bail application for conclusion of trial on the undertaking of counsel for the complainant, but the trial was pending---Delay in the trial of accused had not occasioned on account of act or omission of accused, or any person acting on her behalf---Even if few dates obtained by defence counsel, were excluded, the fact 'remained that accused was behind the bars for a period of more than eight months---Accused, in circumstances, was entitled to grant of bail, as a matter of right---Argument of counsel for the complainant that trial was almost concluded, was misconceived---Accused admitted to bail, in circumstances. Zahid Hussain Shah v. The State PLD 1995 SC 49 and Muhammad Siddique v. Muhammad Behram and another 1998 PCr.LJ 358 ref. THIS ORDER PASSED BY: MUHAMMAD ANWAAR-UL HAQ, J:---. seeks post arrest bail in case F.I.R. No.384 dated 7-6-2010 under sections 302 and 201/34, P.P.C. registered at Police Station Saddar Jaranwala District Faisalabad. 2. Prosecution story as per F.I.R. is that on 7-6-2010 petitioner and her other co-accused namely Irshad Banu, Taj Muhammad and Shama Bibi had murdered the sister of the complainant Mst.Kaneez Fatima. The precise allegation against the petitioner is that she during the occurrence was holding the legs of the victim. 3. Learned counsel for the petitioner does not press this petition on merits and only contends that the petitioner was arrested in this case on 10-6-2010 and without any fault on her part, her trial has yet not been concluded whereas newly added 4th proviso of section 497, Cr.P.C. entitles a woman to be released on bail if her trial has not been concluded within six months. 4. On the other hand, learned Deputy Prosecutor-General assisted by learned counsel for the complainant contends that evidence of all the prosecution witnesses has…

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