Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/324/147/148/149---Bail, refusal of---Bail of accused had already been declined on merits up to the level of Supreme Court---Bail was now sought on the fresh ground that the accused was having a suckling baby aged one to 1-1/2 years with her in the Jail---Said baby according to record was now two years and three months old and could not be said to be a suckling child---Bail on the ground of having a suckling baby in jail could only be allowed to accused when the baby was under the age of two years---Admittedly the said baby was more than two years old and, thus, no fresh ground was available to accused lady for grant of bail---Accused was refused bail accordingly. Haji Shah v. Mst. Musarat alias Phullah and another 2001 PCr.LJ 262; Mst. Ruqiya Bibi v. The State 2001 PCr.LJ 613; Mst. Ansar Jan v. State and another 2000 PCr.LJ 586; Vikio v. Abdullah and another 1980 PCr.LJ 602 and Aijaz Ali v. The State and 2 others PLD 1981 Kar 484 distinguished. Mst. Nusrat v. The State1996 SCMR 973 rel. ORDER GHULAM DASTAGIR A. SHAHANI, J.---I intend to dispose of all the above mentioned four bail applications by this single order, as all the applicants/accused are saddled with a crime No.72/2006 registered under sections 302/324/147/148/149, P.P.C. at P.S. Pirabad by complainant Abdul Ghafoor son of Mian Rasool. The facts of the prosecution case are to the following effect:-- "I am residing on the above said address along with my family and brothers and I am transporter. Today on 28-5-2006, I was present at my house mason and labourers were working on the wall of our house. At about 4-00 p.m. my neighbourer namely Ghulam Abbas son of Abdullah, Mawaz Khan son of Abdullah, Imran Khan son of Abdullah came at my door and started abusing me and asked me to remove the mason from the wall. I apologized from them and in the meantime Nawaz Khan and his brothers and sisters namely Mst. Gul Khatoon, Mst. Naseebah Khatoon, Noori and Hameeda. Khatoon assaulted us who had dandas and hatchets in their hands. Mst. Gul Khatoon alias Gukki gave danda blows on the head of my mother Kakai Khatoon who sustained…

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