SH. AHMAD FAROOQ, J. - The instant post-arrest bail petition has been filed on behalf of Mst.
Sahibzadi, who is behind the bars, in a case arising out of F.I.R. No. 699/2009, dated 2.11.2009, registered in Police Station Mochiwala, District Jhang, under Sections 302/34, P.P.C.
2. Succinctly, the allegation against the present petitioner levelled by the complainant in the F.I.R. Is that on 2.11.2009, Mst. Sahibzadi (present petitioner) served food to -his son, namely, Noor Sultan, who died immediately thereafter. The complainant contended that the present petitioner had.
Developed illicit relationship with one Zafar, who provided her poisonous material, which she mixed with the food, which caused the death of Noor Sultan/
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case by the complainant as her brother is married to the daughter of the complainant and the relation between them are strained. Learned counsel for the petitioner further submitted that the co-accused/Zafar, who allegedly provided the poisonous substance to the present petitioner, has already been declared innocent. He maintained that there Is no proof that the poison, which has been detected from the sample, sept to the Chemical Examiner was actually mixed by the present petitioner in food. He alleged that Noor Sultan (deceased) himself took the poisonous material. He maintained that the present petitioner is entitled to be released on to the fourth proviso to sub- section (1) of Section 497, Cr.P.C., which envisaged the release of a woman accused of commission of an offence, punishable with death, who has been detained for a continuous period of six., months and whose trial for such offence has not been concluded.
4. Learned Deputy Prosecutor-General opposed the instant petition on the ground that the petitioner is specifically nominated in the F.I.R. And there is no chance of his false implication. He further submitted that according to the report of Chemical Examiner, insecticide belonging to organo phosphorous group bas been detected from the viscera of the deceased sent for examination. He further submitted that the punishment of the offence, alleged to have been committed by the present petitioner, falls within the prohibitory clause of Section 497(1), Cr.P.C.
5. Arguments heard. Record perused.
6. A perusal of the F.I.R. Has revealed that poisonous material was allegedly provided to the present petitioner by the co-accused, namely, Zafar. The said co- accused/Zafar has been declared innocent during the investigation. Secondly, prima facie, there is no witness, who had seen the present petitioner putting the poisonous material in the food, which was served to Noor Sultan by the said petitioner prior to his death. Hence, there are sufficient grounds to enquire further into the guilt of the present petitioner. Finally, according to the fourth proviso of subsection (1) of Section 497, Cr.P.C., a woman accused of an offence, punishable with death or imprisonment for life, shall be released on bail, in case, 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. In the instant case, the present petitioner is behind the bars since 4.11.2009 and her first bail petition was refused by the learned Sessions Judge, Jhang, vide order dated 3.3.2010. Hence, the present petitioner is behind the bars for a continuous period of more than six months and the trial against her has not been concluded so far. Prima facie, the delay in the conclusion of the trial has not been occasioned by any act of omission on the part of the present petitioner or any other person acting on her behalf.
7. In view of above, the present petitioner is entitled to be released on bail. Consequently, the instant post-arrest bail petition, filed on behalf of Mst. Sahibzadi, is accepted and she is admitted to bail subject to submission of bail bond in the sum of Rs. 2,00,000/-, with one surety, in the like amount, to the satisfaction of the learned Trial Court.