Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/365/337-L(2)/34/ 109/337-A(i)---Qatl-a-amd, kidnapping or abducting with intent secretly and wrongfully to confine person, other hurt, common intention, abetment, shajjah-i-khafifah---Bail, grant of---Further inquiry---Allegation against the accused women was that they beat the brother of the complainant while the co-accused fired at and killed the complainant's father---Contentions of the accused women were that they were neither present at the place of occurrence at the relevant time nor they participated in the occurrence; that they have not been ascribed any injury on the person of the deceased; that injuries sustained by the complainant's brother fell under Ss. 337-A(i) and 337-L(2), P.P,C., which were bailable in nature, and that both the accused were women, hence their case was covered within the ambit of first proviso to 5.497, Cr.P.C.---Validity---Accused women were neither ascribed the role of raising `lalkara' nor any injury on the person of the deceased---Injuries on the person of the complainant's brother fell within the provisions of Ss.337-A(i) and 337-L(2), P. P. C., which were bailable in nature---Accused women were previous non-convicts--Investigation of the case was complete and the accused women were no more required by the police for further investigation---Question of vicarious liability of the accused women could be determined during the course of the trial after recording the prosecution evidence---Case against the accused women was one of further inquiry into their guilt and being females, their case was also covered within the ambit of first proviso to 5.497, Cr. P. C. ---Accused women were admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Case of further inquiry---Right to bail---Scope---Where case against the accused was covered under S.497(2), Cr.P.C., he/she was entitled to the concession of bail as a matter of right. Muhammad Ismail v. Muhammad Rafique. and another PLD 1989 SC 585 rel. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition, Kalsoom Bibi and Lubna…

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