SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition, Nasim Bibi petitioner has sought for her post-arrest bail in a case registered vide FIR No,1954, dated 21.12.201 1, primarily registered under Section 460, P.P.C., at Police Station Factory Area, Lahore, at the instance of Muhammad Aslam complainant/ respondent No,2. Subsequently of fence under Sections 302, 41 1, 34, P .P.C., were also added.
2. Prosecution story , in brief as per contents of the FIR, is that on 21.12.201 1 at 1:25 a.m. (night) two unknown accused persons entered the house of Ghulam Farid (deceased brother of the complainant) and in addition to stealing Rs,30,000/-, golden tops, watch and mobile etc, also made fire shot with pistol .30-bore, which landed on chest of Ghulam Farid, who succumbed to the injury subsequently . The petitioner , who was cited as a prosecution witness in the crime report, was subsequently arrayed as an accused.
3. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been involved in this case by the complainant. As a matter of fact, learned counsel urges, primarily while reporting the matter to the police, the complainant had cited the petitioner as prosecution witness, howe ver, subsequently while taking somersault, named her as an accused, who committed the murder along with her paramour Shahid. Learned counsel further submits that in these circumstances, prosecution case becomes of two versions, which squarely becomes one of further inquiry . Even otherwise, it is argued that no witness of cons piracy hatched by the petitioner with her alleged paramour has been cited. The petitioner , learned counsel submits, is survived by two young children including one suckling baby . Learned counsel next contends that recovery of intoxicant tables 'ativan' and telephone data collected by the Investigating Officer, in these circumstances, becomes immaterial authenticity of which shall be determined during the course of trial after recording the prosecution evidence and the petitioner , who is a woman and her case is also covered under subsection(1) of Section 497, Cr.P.C, she is entitled to the concession of bail.
4. As against above, learned Deputy Prosecutor General assisted by learned counsel for the complainant vehemently opposes the contentions raised on behalf of the petitioner with the submissions that during the course of investigation when the police collected sufficient material against the petitioner , she was arrayed as an accused.
It is further argued that the petitioner was instrumental of murder of deceased brother of the complainant. Learned counsel for the complainant next contends that the petitioner with the help of her paramour has taken the life of her spouse and in view of recovery of ativan and other material coupled with the fact that during the course of investigation, she was found guilty as well as case against her entails capital punishment, she is not entitled to the concession of bail.
5. Arguments advanced pro and contra have been heard. I have also gone through the record available on file.
6. There is no denial to the fact that while lodging the crime report, the complainan t had cited the present petitioner as a witness of occular account and thereafter while taking a somersault the complainant involved star witness of the occurrence, as an accused. In such a situation prosecution case squarely becomes of two versions and presence of the complainant at the place of occurrence at the relevant time, prima facie becomes doubtful. The material collected by the Investigating Officer with regard to telephonic data and recovery of ativan from the petitioner , in these circumstances, cannot be termed sufficient material to disentitl e the petitioner from post-arrest bail.
7. It was the contention of learned couns el for the petitioner that the petitioner has two young babies one minor aged about three and a half years and one suckling baby aged about 1 and a half years, whose period of razait has not expired. It is well settled by now that a suckling child should not be made to suffer in jail for the act allegedly committed by his mother . Moreover , in Islam rights of a suckling baby have been given paramount importance and significance. Reliance in this regard is placed on the dictum of law in the cases of Zarina v. The State (1991 MLD 518), Sughran Bibi v. The State (1991 PCr.LJ Note 238), Mst. Nasreen v. State (1998 MLD 1350 ), Mst. Ansar Jan v. State and another (2000 PCr.LJ 586) and Mst. Nusrat v. The State (1996 SCMR 973). I may also observe here that the petitioner is a woman as such her case is also covered within the first proviso of Section 497, Cr.P.C. The petitioner is behind the bars since the date of her arrest and investigation being complete her person is not required by the police for further investigation.
8. For the foregoing reasons and while humbly placing reliance on the dictums of law of august Supreme Court of Pakistan referred to above, I am persuaded to accept this bail petition. Resultantly , Nasim Bibi/petitioner is admitted to post arrest bail subject to her furnishing bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the satisfaction of the learned trial court.