' MANZOOR AHMED MALIK, J.--This order will dispose of Criminal Miscellaneous No.14733-B of 2009 and Criminal Miscellaneous No.15198-B of 2009 as both arise out of the same F.I.R. No.691, dated 9- 9-2009 registered under sections 395/412, P.P.C. Registered at Police Station Sanda, Lahore. The allegation against the petitioners is that they along with their co-accused committed dacoity in the house of complainant.
2. Learned counsel for petitioner Asifa Bibi in support of this petition contends that the petitioner is not nominated in the F. I. R. ; that no identification parade was ever conducted; that if there is any recovery that is fake; that the petitioner is a woman. Learned counsel for petitioner Naheed Bibi submits that the petitioner has a milk suckling baby with her in jail and she is entitled to the concession of bail after arrest on this ground as well. Learned counsel relied upon "Kauser Parveen v. The State" (PLD 2008 Lahore 533) and contend that in view of second and third provisos of section 497, Cr.P.C., the petitioners are entitled to the concession of bail.
3. Learned D.P.G. Opposes this bail petition on the grounds that recovery of a gold ring and Rs.2,000 (rupees two thousand) was effected from Naheed Bibi petitioner and recovery of gold ring was effected from petitioner Asifa Bibi; that petitioner Asifa is previously involved in five other cases of similar nature whereas, petitioner Naheed Bibi is involved in six other cases of similar nature.
4. Learned Deputy Prosecutor General, however, concedes the facts that in view of third proviso of section 497, Cr.P.C., the petitioners are entitled to the concession of bail.
5. I have heard the arguments of the parties.
6. Asifa Bibi petitioner is not nominated in the F.I.R. She was implicated through supplementary statement. As far as petitioner Naheed Bibi is concerned, it has been confirmed by the Police Officer present in Court that she is having a milk suckling baby with her in jail. Both the petitioners are women, therefore, in view of the second and third provisos of section 497, Cr.P.C., both these petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac) each with two sureties, each in the like amount to the satisfaction of the learned trial Court.