1. The applicant is facing trial under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 before the learned 7th Additional Sessions Judge, Karachi (East). The brief facts giving rise to the present application are that on 23-8-1990 Sub-Inspector Muhammad Ehsan Malik alongwith his subordinate staff were busy in investigation of Crime No.298/90 under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, when they received spy information about heroin powder available in the house of Muhammad Akram Niazi. They raided the buffalo Bara of said Akram Niazi and arrested Akram Niazi and applicant Mst. Shah Khanum, while her husband Waheed Gul made his escape good. It is alleged that on house search they recovered 40 Kgs. Of heroin which was hidden in fodder. After necessary investigation the applicant and co- accused Akram were sent up before the Court.
2. It has been contended by Mr. Jawaid Haider Kazmi learned counsel appearing for the applicant, that the applicant was pregnant at the time when she was arrested and now she has given birth to a baby who is also in custody with her. That there is no evidence that the applicant used to reside in the house/Bara in question and therefore, it is yet to be seen whether she was in possession of the heroin powder in question and therefore, it was a case' of further inquiry.
3. Mr. Shaukat H. Zubedi learned A.A.-G. Appearing for the State has conceded to the grant of bail to the applicant on the ground that she has a suckling baby who cannot be kept in custody.
4. I have considered the contentions. The F.I.R. Shows that the police had received information that heroin powder was available in the house/buffalo Bara of co-accused Akram Niazi. At present there is no evidence available on record to show that the applicant was also residing at the same place. Be that as it may, the applicant is a woman and has given birth to a female child while she was in custody, and therefore, she is entitled to bail on this ground alone.
5. I, therefore, direct that she shall be released on bail on furnishing surety in the sum of Rs.2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the, satisfaction of Nazir of this Court.
6. N.H.Q./S-911/K