SAGHEER AHMAD QADRI, J.---Petitioner Sadia Waqas, an accused of case F.I.R. No,450 dated 24-5- 2011 registered under section 302/34, P.P.C. At Police Station Sadiqabad District Rawalpindi has moved this petition for grant of post-arrest bail.
2. Brief facts as narrated in the F.I.R. Lodged Raja Waqas Ali son of Raja Ghulam Qadar are that on 24-5-2011 at 7-00 a.m., he after leaving his younger brother Raja Haris at his school, went to his place of duty as he was working in Rescue 1122; that at 1-45 p.m., his tenant Muhammad Awais telephonically informed him that some incident took place in his house therefore, he reached back and found the dead body of his mother Mst. Ghulam Qadar having a rope tied around her neck.
Complainant further mentioned that his wile Mst. Sadia Waqas, the present petitioner, disclosed that she was in a room present in the eastern side of the house and busy into iron the clothes when two unknown persons at 1-30 p.m. Trespassed into the house, gave her slaps and placed a handkerchief on her face due to which she went unconscious; that subsequently when she gained conscious found her hand and feet tied with rope. She was rescued by Zahoor Ahmad, a tenant in the lower portion of the house of the complainant; that. Rs,5,500 were found present near the dead body of his deceased mother. Some unknown persons committed her murder. On this report, initially case was registered against unknown persons however, subsequently present petitioner was found involved in the commission of offence, arrested and sent to the lock up.
3. Learned counsel for the petitioner contends that allegations against the petitioner are false, she has not committed any offence. Learned counsel mainly prayed for grant of post-arrest bail on the ground that the petitioner has recently given birth a child in jail and as a suckling baby is in her lap therefore, on that score alone, she is entitled for concession of bail. Reliance in this respect is placed on 1996 SCM R 973, Mst. Nusrat v. The State' and 1998 M LD 1350 Mst. Nasreen v. State' .
4. Learned Deputy Prosecutor-General assisted by the learned counsel for the complainant on the other hand, opposed this petition on the grounds that the petitioner has committed heinous offence which falls within prohibitory clause of section 497, Cr.P.C. She and the minor are being provided all the medical facilities in the jail. Challan has already been submitted in the learned trial Court and recording evidence is being delayed by the petitioner herself. Prayed that bail petition be dismissed.
5. I have heard the learned counsel for the parties and perused the record.
6. This Court, as it was agitated by the learned counsel for the petitioner that she has given birth a child in jail, sought report from the Superintendent Central Jail, Rawalpindi and in report dated 21- 9-2011 it is submitted by the Medical Officer that the petitioner has given birth a baby girl on 13-9- 2011 in the D.H.Q. Hospital, Rawalpindi wherefrom she was discharged on 17-9-2011 in satisfactory condition.
7. In judgment cited by the learned counsel for the petitioner as 1996 SCM R 973 Mst. Nusrat v. The State', Hon'ble Supreme Court of Pakistan in para No,4 observed:-- "The suckling child of the petitioner kept in jail is undoubtedly innocent. He is kept in jail with mother obviously for his welfare. The concept of "Welfare of minor" is incompatible with jail life. So, instead of detaining the innocent child infant in jail for the crime allegedly committed by his mother, it would be in the interest of justice as well as welfare of minor if the mother is released from the jail. In famous case of Ghamidiyyah, our Holy Prophet Muhammad (P.B.U.H.) had suspended the sentence on pregnant woman, not only till delivery of the child but also postponed it till suckling period i,e,, two years obviously for the welfare of the child. This shows the paramount importance and significance of the right of a suckling child in Islam and the unprecedented care taken of and the protection given to a child born or expected to be born, by our Holy Prophet Muhammad (P.B.U.H.). This golden principle of administration of justice enunciated by the Holy Prophet Muhammad (P. B. U.H.) must be strictly observed and followed in our country."
8. In view of above circumstances without touching the other merits of the case only on the ground that the petitioner is in her lap a recently born suckling baby girl, is admitted to bail subject to furnishing the bail bonds in the sum of Rs,2,00,000 (Rupees two hundred thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.