RUSTAM S.SIDHWA, J.--This is a petition filed by Mst.Zakia Begum petitioner, seeking leave to appeal against the order of a learned Single Judge of the Lahore High Court dated 8-10-1989 dismissing her application for pre-arrest bail in respect of a case registered against her and two others at Police Station Wannekey Tarrar, District Gujranwala, on 18-4-1989.
2. The part attributed to Mst.Zakia Begum petitioner in the F.I.R. Is that aftet Zubair and Ghulam Rasool co-accused had between them fired three gunshots at Zaka Ullah deceased, whereafter he had fallen on the ground, the petitioner exhorted Zubair co-accused to strike the deceased with the butt of his shotgun, which he did, causing injuries to Zaka Ullah deceased on his right cheek, right ear and forehead.
3. On behalf of the petitioner it is submitted that the petitioner is only imputed a proverbiel Lalkara in the F.I.R., whilst otherwise she was empty handed and did not commit any overt act. It is further submitted that the petitioner has seven children aged between 2 years and 11 years. It is lastly submitted that on the instigation of one Mehdi Hasan, an M.P.A. Of the Illaqa, the local police mala fide have attempted to make it impossible for the petitioner to secure pre-arrest bail from the Sessions Court.
4. On behalf of the complainant it is submitted that two orders were passed by the High Court dismissing the petitioner's pre-arrest bail petitions and that the petitioner has only challenged the order dated 8-10-1989, but not the second dated 18-10-1989. It is also submitted that no malice has been alleged by the petitioner against the complainant or the police, and her involvement, therefore, is true and real.
5. On 27-11-1989 when this petition came up for hearing, notice was issued to the respondents and it was ordered that petitioner would not be arrested if she furnished bail bond in the sum of Rs.5,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala. When the case came up again on 23-1-1990, the petitioner herself was not present and, therefore, the case was adjourned to 28-1-1990. The petitioner has appeared today and the police officer who is present with the record, submits that the petitioner has furnished the bail bond, as ordered earlier. The petitioner has only been imputed a proverbial Lalkara in the F.I.R. The complainant did not earlier file any application for revocation of the interim pre-arrest bait allowed to the petitioner. In these circumstances, whilst granting leave in this case and permitting the petitioner to also challenge the second order of the High Court dated 18-10-1989. We treat this petition as an appeal and treating her as under our custody we allow bail to her and confirm the order passed on 27-11-1989.