1. 'FAISAL ARAB, J.---Applicant Kiran daughter of Ali Amjad seeks post-arrest bail in Crime No,749 of 2009 under section 376-A of the Women Protection Act read with sections 342 and 34, P.P.C. Being Crime No,749 of 2009 registered at Police Station Gulshan-e-Iqbal, Gulshan Town, Karachi.
2. 'The learned counsel for the applicant at the very outset argued that where an offence is committed by a woman which offence does not fall under the category of terrorism, financial corruption and murder that are that punishable with death or imprisonment for life or imprisonment for ten years, then the offence, irrespective of any other provision of Criminal Procedure Code, becomes bailable in terms of second and third provisos of section 497(1), Cr.P.C.
3. The second and third provisos of section 497(I), Cr.P.C. Inserted through Ordinance XXXII of 2009 and came into effect retrospectively from 19-7-2007 read as follows:-- "Provided further that a woman accused of such an offence shall be released on bail, as if the offence is bailable, notwithstanding anything contained in Schedule-II to this Code or any other law for the time being in force: 'Provided further that a woman may not be so released if there appear reasonable grounds for believing that she has been guilty of an offence relating to terrorism, financial corruption and murder and such offence is punishable with death or imprisonment for life or imprisonment for ten years, unless having regard to the facts and circumstances of the case, the Court directs that she may be released on bail."
4. 'The learned State counsel, on the other hand, argues that the benefit under the above mentioned provisos are attracted only if the offence committed by a woman is not punishable with death or imprisonment for life or imprisonment for ten years i.e, in cases where the punishment is less than ten years only then bail to a woman could be granted though the offence may be otherwise non- bailable. He contends that as the applicant is charged with offence punishable for more than ten years no benefit under the said provisos could be extended.
5. The specific provisions have been inserted in Criminal Procedure Code through the above quoted provisos to section 497(1), Cr.P.C. Which entitle a woman accused to be released on bail unless reasonable grounds exist for believing that she is guilty of the offences like terrorism, financial corruption and murder that are punishable with death sentence, life imprisonment upto ten years.
6. 'If such is not the case then it becomes bailable. In the case in hand, as the applicant is a woman and as the alleged offences are not chargeable with any of the above referred three categories of offence punishable with death sentence life imprisonment or imprisonment upto ten years then she as of right becomes entitled for bail under the above discussed provisos. The applicant is therefore entitled to the concession of bail. Consequently, the applicant is admitted to bail upon furnishing surety in the sum of Rs,200,000 (Rupees two hundred thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
7. 'The bail application stands disposed of in the above terms.