' On the night falling between 20/21-4-1999 Mushtaq Ahmad was murdered in his house by Sajid, Tariq accused while Muhammad Azam accused was standing in the door. Mst. Najma alias Nagina wife of the deceased who was the maternal uncle of Zaki-ur-Rehman complainant was also present in the room. Thereafter, the dead body was removed in a car and was recovered therefrom.
2. Mst. Najma alias Nagina was arrested as the accused of the case. The investigation stands completed. The challan has been sent up to the learned Court of Session. Some prosecution witnesses have also been examined. The bail plea of Mst. Najma alias Nagina has been dismissed by the learned Additional Sessions Judge who has filed this petition before the Court with the same desire.
3. I have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. Learned counsel for the petitioner has argued that no overt act or practical role has been attributed to Mst. Najma alias Nagina and that she being a fqmale is, entitled to be admitted to bail. On the contrary the contention of the learned State Counsel is that Mst. Najma alias Nagina carried on her illicit relations with Sajid accused and her presence at the place of occurrence is sufficient 'to involve her. He added that the trial has commenced and that only three witnesses remain to be examined.
4. I would express that it is a case for the admission 'of Mst. Najma alias Nagina petitioner to bail on the ground that no practical role has been attributed to her and that she is a female whose case is covered by proviso Ito subsection (1) of section 497 of the Code of Criminal Procedure.
5. Finding it to be a fit case, I accept this application and admit Mst. Najma alias Nagina petitioner- accused to bail in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court with the direction to appear before the learned trial Court on every date of hearing failing which the learned trial Court may cancel her bail and, proceed further in accordance with law.