' The petitioner has been involved in case F.I.R. No, 784, dated 13-9-1988 of Police Station Cantt.
Abbottabad under section 302/201/202/203/109, P.P.C. Her bail applications were rejected by the learned lower Courts and hence this petition has been moved for the said purpose.
2. The learned counsel appearing in support of the petition submitted that the petitioner is a lady and besides a suckling baby of 3/4 months in her lap she has also 3/4 minor children and as such her case in the peculiar circumstances would fall under the first proviso to section 497, Cr.P.C.
Moreover he submitted that the so-called confession attributed to her is exculpatory and that the alleged dying declaration of the deceased is not above board. The learned AA.-G. On compassionate ground particularly keeping in view the welfare of the baby in jail with the petitioner and the other three minor children did not contest the bail application. The confessional statement and dying declaration was read out in Court by the learned counsel for the petitioner and I find that the confessional statement prima facie is exculpatory and the dying declaration would require proof for its genuineness. Moreover in the interest of the minors the petitioner is also entitled to the benefit of the first proviso to section 497, Cr.P.C. I, therefore, accept this petition and allow the petitioner bail in the sum of Rs, 10,000 with two sureties each in the like amount to the satisfaction of the Ilaqa Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.