' KHADIM HUSSAIN M. SHAIKH, J.---Through this application, applicant Mst. Afroz alias Afshan seeks post-arrest bail in Crime No,90 of 2008 Police Station Civil Line, Larkana, for offences under sections 302, 304, 147, 149, P.P.C. After her bail plea was declined by learned Trial Court that is to say Court of 1st Additional Sessions Judge, Larkana, vide order, dated 23-8-2008.
2. The applicant along with two co-accused namely, Ahmed Ali alias Sajid (her husband) and Ayaz Hussain Shahani are facing trial in Crime No, 90 of 2008, for the offence under sections 302, 204, 147, 148, P.P.C. For having allegedly committed murder of one Muhammad Khan Jamali the brother of complainant Sardar Ali Jamali, who lodged his F.I.R. At Police Station Civil Line, Larkana, on 21-5- 2008.
3. At very outset learned Advocate for the applicant submits that he presses this bail application only on two folds, firstly, the lady applicant Mst. Afroz alias Afshan was arrested on 30-5-2008, and she is continuously in custody since about one year and not a single witness has been examined as yet and the delay in trial was neither caused by the lady applicant nor by counsel and secondly, that a baby namely, Saba now aged about three years is also confined with the lady applicant on account of her remaining in jail as her father Ahmed Ali alias Sajid is also languished and confined in jail in this crime. He referring 3rd proviso of section 497, Cr.P.C. Contends that the lady applicant has earned the right of bail on statutory ground, therefore, she may be released on bail.
4. Mr. Abdul Hamid Bhurgi learned Additional Advocate-General endorsing the arguments so advanced by the learned Advocate for the lady applicant raises no objection for the release of the lady applicant on bail.
5. By virtue of an Ordinance No,XXXVI of 2007, namely, Code of Criminal Procedure (Second Amendment), Ordinance, 2007, promulgated on 19th July, 2007, new provisions were inserted in subsection (1) in section 497, Act V of 1898, in the Code of Criminal Procedure, which reads as under:-- "(2) Amendment of section 497, Act V of 1898.---In the Code of Criminal Procedure, 1898 (V of 1898), in section 497, in subsection (1) in the first proviso, the words "or any woman" shall be omitted and after the first proviso amended as aforesaid, the following new provisos shall be inserted, namely:- - "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: ' Provided further that where a woman accused of an offence is refused bail under the foregoing proviso, she shall be released on bail if she has been detained for a continuous period of six months and whose trial for such offence has not been concluded, unless the Court is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on her behalf."
6. Record reflects that the charge against the lady applicant was framed on 25-11-2008, where after the case was adjourned to 12-12-2008, 26-12-2008, 13-1-2009, 28-1-2009, 13-2-2009, 2-3-2009, 19-3-2009, 3-4-2009 and 18-4-2009, but the lady applicant was not produced from jail before the learned trial Court as is evident from the case diaries placed on record and due to above reason the case could not proceed and per learned Advocate for the applicant not a single witness has been examined till date. Manifestly the delay in the trial has not been occasioned by any act of omission of the lady applicant and/or her advocate. Reliance may be placed on case of Ghulam Abbas alias Abbasi and others v. The State (PLD 2005 Karachi 255), (D.B. Comprising their lordships Mushir Alam and Gulzar Ahmed, JJ.), wherein it was held that the expeditious and fair trial was right of an accused. The prosecution could not be absolved or given any latitude on account of inability to produce accused from jail for lack of resources. State was bound to make arrangements for providing logistics to prosecution to ensure production of accused in Courts on each and every date. Furthermore the applicant and her husband Ahmed Ali alias Sajid both are in jail in the case and their daughter namely, baby Saba is now aged of hardly three years, and she being minor of such tender age obviously need constant care of her mother (the applicant), therefore, the said minor is also languishing in jail.
7. In view of what has been discussed above I am of the considered opinion that the lady applicant deserved to be released on bail, therefore, the bail was granted to the applicant Mst. Afroz alias Afshan in the sum of Rs, 1,00,000 (Rupees one lac), subject to her furnishing solvent surety and P.R.
Bond in the like amount to the satisfaction of the learned Trial Court by a short order, dated 29-5- 2009, and these are, the reasons for the same. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.