KHALIL-UR-REHMAN KHAN, J., Mst. Parveen wife of Riasat Ali has moved this petition under Section 497/498 Cr.P.C, for bail in a case registered vide F.I.R.No.681 dated 11.5.1989 under Section 302/148/149 Pakistan Penal Code.
2. The allegations contained in the F.I.R, are that on 11.5.1989 at 5 p.m. Maqbool Hussain complainant accompanied with Bashir Ahmad (deceased) was going on a motorcycle in front of Pakistan Cement Factory near Jehangir Town, when suddenly Said son of Abdullah, Mansha son of Gaga, Dani son of Gaga, Parveen, Mumtaz, Shehnaz and Rani, daughters of aforesaid Said, all armed with hatchets, emerged from the side of the road. Said raised a Lalkara that Bashir Ahamad, on account of land dispute, be taught a lesson that day and hearing this Bashir Ahmad turned his motor cycle towards Jehangir town but Said after coming in front gave hatchet blow on the head of Bashir Ahmad as a result whereof Bashir Ahmad fell on the ground from the motorcycle. It is further asserted that while Bashir was lying flat on the ground, he was given hatchet blow on the head by Mst. Pervecn petitioner and Mumtaz also gave hatchet blows on the head of Bashir Ahmad, followed by hatchet blows given by Mst. Shehnaz and Mst. Rani on the hand and belly of Bashir Ahmad. It is also alleged that all the aforesaid accused gave more blows causing injuries on the back, arms and breast of Bashir Ahmad with the sharp as well as wrong side of hatchets. It is added that due to the hue and cry raised by the complainant besides many persons, Asghar Ali son of Ahmad Ali was also attracted to the spot and so he also saw the occurrence. Bashir Ahmad succumbed to his injuries on the spot.
The F.I.R, was lodged on 11,5.1989 at 5.45 p.m. Ms/.Perveen petitioner was an. Med immediately thereafter.
3. The other important facts to be noted are that Mansha and Dani, co-accused were found innocent during investigation and as such their names were to be placed in column No.2. They were granted bail by the trial Court on 17.7.1989. It is, however, slated by the learned counsel for the'
Stale that according to the subsequent investigation, the opinion recorded by the Deputy Superintendent of Police is that they are not innocent and as such both these accused are mostly likely to be arrayed as accused in the case and their names will not be placed in column No.2 of the challan, which will be submitted to the Court.
4. Mst. Pervecn petitioner as well as her sister Mumtaz, Shehnaz and Rani, the co-accused, are daughters of Said, co-accused. They have no brother, and they are the only issues of Said, co- accused. Mumtaz co-accused was bailed out mainly on the ground that she is aged 13/14 years vide order dated 24.10.1989. Shehnaz, co-accused, the other sister of petitioner was also granted bail vide order dated 20.12.1989 on the ground that she is aged 11 years only.
Mst. Parveen petitioner, who is the married daughter of Said has a suckling baby of 18 months. The bail applications moved by her was dismissed by the learned Additional Sessions Judge vide order dated 17.1.1990 on the ground that large number of injuries on the person of deceased were not caused by one man and as such at this stage the participation of the petitioner in the commission of the offence cannot be ruled out. Mst. Rani, the other co-accused, who has not yet been granted bail has admittedly given birth to a baby in the Jail on 6.7.1989.
5. The occurrence took place on 11.5.1989, Mst. Perveen petitioner as well as Rani, co-accused, were arrested the game day and they were sent to Jail on 27.5.1989. It is important to note that all the daughters of Said accused have been involved in this case. Mst. Perveen, the petitioner is a married woman with a suckling baby aged about four months only at the time of occurrence, while Mst.
Rani at the time had the pregnancy of six/seven months' duration. Ordinarily girls of ages 11 and 13 years and women having suckling baby of four months and pregnancy of six months are not joined to kill an enemy after waylaying him when the male co-accused are available and allegedly have participated in the occurrence. No doubt, 18 injuries were found on the person of deceased but there are three men also who have according to the F.I.R, participated in the occurrence. In these circumstances, question of participation of petitioner in the occurrence does require further probe.
The petitioner has a suckling baby of 18 months. In the circumstances of the case, she can rightly claim benefit of proviso to Section 497 Cr.P.C, as well. I am,- therefore, of the view that the petitioner has been able to make out a case for the grant of bail. The petition is, therefore, accepted. The petitioner is ordered to be released on bail subject to her furnishing of bail bond in the sum of Rs.30,000/- (Rupees thirty thousand) with two sureties each .In the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sheikhupura.