MALIK HAQ NAWAZ, J.---The petitioner Mst. Kausar daughter of Bashir resident of Balghar, Ghanche is confined in District Jail Skardu as she has been booked for the offences under sections 468/471/ 496-A/496-B, P.P.C. vide FIR No, 36/16 dated 25/04/16 registered at Police Station Skardu.
2. It is to be mentioned here that all the co-accused booked in the instant case have been released on bail. The petitioner was also allowed bail vide order dated 22-06-2016. The petitioner/accused could not be released from jail, because of the condition imposed in bail granting order dated 22- 06-2016. The operative part of the said judgment is re-produced as under:-- "The case of petitioner attracts the rule of consistency therefore petitioner is submitted to bail subject to her furnishing of bail bonds in the sum of Rs, 200000/-(Two lac only) self with two sureties i,e, mandatory by her husband and second by her father/mother/real brother/real sister each in the like amount to satisfaction of any Judicial Magistrate Skardu."
3. The petitioner/accused lady was unable to secure her release because of the above condition imposed in bail granting order. The petitioner/accused submitted an application to the Hon'ble Chief Judge Gilgit-Baltistan through Superintendent Jail Skardu/Baltistan. In the application she has narrated the hardships being felt by her in jail custody due to the conditional bail granting order. The instant case was entrusted to me by the Hon'ble Chief Judge, on -20-10-2016. On 20-10- 2016 following order was passed.
"The petitioner Mst. Kausar daughter of Bashir resident of Balgar Ghanchay, Skardu submitted an application to the Hon'ble Chief Justice through Additional Superintendent District Jail Skardu regarding her grievances, she is facing because of the conditions imposed in bail granting order passed by learned Sessions Judge Skardu on 22-06-2016. The petition was entrusted to me for disposal.
2. The application is converted into a petition under section 561-A, Cr.P.C. Additional Superintendent Jail Skardu is directed to produce the lady Mst. Kausar daughter of Bashir confined in District Jail Skardu on 24-10-2016 at 9:00 a.m. SSP Skardu is further directed to ensure presence of 1.0. of the case No, 36/2016 registered under sections 471, 493, 468, 496-A and B, P.P.C. of Police Station Skardu along with record on the appointed date.
3. Copy of this order be sent to SSP Skardu by fax today.
Put up on 24-10-2016, for further proceedings."
4. In compliance of above order Mst. Kausar, Mr. Ghulam Nabi SHO/I.O. of the case are present in Court. The case was perused and facts of the case were placed before the Court by learned Advocate General. The I.O. was also heard in detail.
5. A bare study of Sections 497/498 reveals that no inbuilt provision exists in both these provisions to place certain conditions while granting bail to an accused, as the imposition of certain conditions would militate against the concept of bail, which is synonymous to liberty and liberty of a person cannot be curtailed, save in according with law, however at the same time, there exists no bar to impose certain conditions with a .view to guard against the offence of Morality. The trial Court has admitted the lady to bail on the condition that she will arrange sureties of her husband, firstly, father secondly or her mother, real brother or her real sister mandatorily. Such conditions were harsh and not justified, which incapicted the lady to get her release, practically such conditions were not workable as none of the above persons have come forward for release of the lady accused. A case for removal/ modification is made out. Even in such like cases if a lady is booked her nears and dears avoid to come forward and her detention in Jail would lead to injustice.
6. For the forgoing reasons this petition is accepted. The contentions that the lady accused will manage sureties of her husband, father, mother, real brother or real sister are set aside and the bail granting order dated 22-06-2016 is modified accordingly and it is directed that accused/ lady Mst. Kausar daughter of Bashir, resident of Bulghar District Ghanche shall be released on bail on furnishing the bail bond in the sum of Rs, 2,00000/- (Two lac only) with two sureties each in the like amount to the satisfaction of learned Sessions Judge, Skardu.