FAHIM AHMED SIDDIQUI, J.---The applicant is involved in a criminal case for the murder of her husband along-with her children, which was registered against them at Police Station Al-Falah, Karachi through FIR No. 339/2018 under sections 302 and 34, P.P.C. Her bail application was declined by the learned in-charge Judge of the Court of ADJ-VIII; Karachi East through impugned order dated 21-09-2019.
2. After hearing the arguments of the learned counsel- for the applicant and complainant as well as giving audience to the prosecution and perusal of record and citations, I have observed as under:
(a) The allegations against Ole applicant is that she caused death of her husband by inflicting blows with wooden pestle (used for grinding spices in a mortar) and cricket bat etc. It is also alleged that in the episode, the children of the couple remained partisan with their mother rather took active part.
(b) Save to the applicant, the other co-accused are minors and their case is being tried as juvenile offenders under the provisions of Juvenile Justice System Act and Sindh Children Act.
(c) The co-accused have been succeeded in getting bail on the ground of minority in their ages.
(d) After framing of charge, nearly all the material private witnesses have been examined, hence now there remains no chance of tampering with the prosecution evidence.
(e) The counsel for the applicant emphasises upon the falsification of FIR and according to him the deceased entered into his house late at night in injured condition and injuries were caused to him due to some misadventure outside of their house.
(f) It is worth noting that the Post-Mortem Report indicates that there is delay of 1 to 2 days in suffering of injuries and time of death, which creates serious doubt regarding prosecution case in view of the plea taken by the counsel for the applicant.
(g) The applicant is a woman, as such her case covers under the proviso of section 497, Cr.P.C. for a favourable consideration of bail.
3. The ultimate outcome of the above discussion is that the applicant is entitled for post arrest bail, as such she is admitted to bail subject to furnishing' surety in the sum of Rs. 2,00,000/-(Rupees Two Lac Only) and P.R. Bond in the like amount to the entire satisfaction of the trial Court through my short order dated 22.11.2019 and these are the reasons for the same.
4. It is also observed that at any stage of trial if the trial Court is satisfied that the applicant has misused the concession of bail or she becomes absconder then the trial Court will be justified to take action against the applicant and her surety including cancellation of her bail without making a reference to this Court.