' IJAZ AHMAD CHAUDHRY, J.--- Through this application the petitioner has sought bail after arrest in case F.I.R. No,104 of 2005, dated 4-4-2005 registered under sections 302/34, P.P.C. At Police Station, Sadar Mianchannu District Khanewal.
2. Briefly the facts of the case are that the petitioner's co-accused, namely, Haq Nawaz inflicted four Chhuri blows on the different parts of the body of complainant's husband Naseer Ahmad and one blow on his left knee due to which he fell down. Then the present petitioner gave her blow repeatedly on the backside of neck of her husband which broke the Manka of his neck and he succumbed to the injuries at the spot and fled away from the spot. The dispute was over settlement of marriages in the family.
3. Learned counsel for the petitioner contends that the petitioner is a woman and her case falls within the Ist proviso to section 497, Cr.P.C. It is also contended that in the report under section 173, Cr.P.C. The police has only put the petitioner at the mercy of the Court and in fact she was declared innocent as respectable of the locality have sworn their affidavits that the petitioner had not participated in the alleged occurrence. It is further contended that the petitioner is aged about 50/55 years and nothing is to be recovered from her. It is lastly contended that the petitioner is behind the bars since 21-4-2005 and the remaining of her in jail for indefinite period will serve no beneficial purpose to the prosecution.
4. Learned State counsel, on the other hand, opposes this application.
5. I have heard the learned counsel for the parties and also perused the record. The petitioner was placed at the mercy of the Court in the report under section 173, Cr.P.C. As the respectable of the locality have sworn affidavits to the effect that she had not participated in the alleged occurrence.
As such, the case of the petitioner falls within the ambit of further inquiry covered by subsection (2) of section A 497, Cr.P.C. Even otherwise, the petitioner is a woman of 50/55 years of age and her case falls within the Ist proviso to subsection (1) of section 497, Cr.P.C. Hence, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.