ABDUR REHMAN KHAN. J.- The petitioner has been involved in case F.I.R.No.784 dated 13.9.88 of P/S.Cantt; Abbottabad under Sections 302/201/202/203/109 P.P.C. Her bail applications were rejected by the learned lower Courtdss 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 sucking baby of 3/4 months in her laps she has also 3/4 more 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 A.A.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.10000/- with two sureties each in the like amount to the satisfaction of the Ilaqa Magistrate