Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S: 497(1), proviso- Bail-Murder-Accused suffering from active pulmonary Tuberculosis of both lungs with multiple cavitations and advised regular treatment for a considerable period-Wife (other co-accused) having a small suckling child to be looked after-Both accused granted bail in circumstances.   ORDER This is an application by Qaisar Mustafa and Mst. Qaisar Rukhsana for the grant of bail. They have been sent up for the murder of one Khawaja Saeed Ahmad under section 302 of the Pakistan Penal Code by Mozang Police. 2. The prosecution story is, that Mst. Qaisar Rukhsana had previously married Musarat Ali Khan but soon after their marriage, their relations became strained and she lodged a suit for dissolution of marriage. Meanwhile, she developed intimacy with Qaisar Mustafa petitioner No. 1. It is further alleged that a few days before the occurrence, Mst. Qaisar Rukhsana told her deceased father, Khawaja Saeed Ahmad that she was going to Murree to visit her friend Mst. Surriya. After her departure, Khawaja Saeed Ahmad and petitioner No. 1 went to Murree to bring back Mst. Qaisar Rukhsana. This hap pened on 22nd September 1964, whereafter, the deceased was not heard of and a report was lodged with the police under section 364 of the Pakistan Penal Code on the information given by the wife of the deceased. 3. On the 28th September 1964, the burnt dead body of the deceased, cut into pieces and locked into two boxes was recovered from the house allegedly occupied by Qaisar Mustafa in Samanabad, Lahore. On this a case under section 302 of the Pakistan Penal Code was registered. The dead body was in advanced stage of decomposition and was unidentifiable. 4. The petitioners approached the learned Sessions Judge for grant of bail. Their petition was rejected. They have now come to this Court on grounds inter alia, that the peti tioner No. 1 is suffering from T. B. and his stay in jail is highly detrimental to his health. Petitioner No. 2 has a small daughter about two years of age and there is nobody to look after her. S. When the petition came up before my learned brother Shameem Hussain Kadri, J., he was pleased to direct…