' Petitioner Mst. Allah Jawai through the instant petition has sought for post-arrest bail in case F.I.R.
No.309, dated 18-5-2003 under sections 302/337-J read with section 34, P.P.C. Registered with Police Station Saddar Jhang.
2. Briefly the prosecution case as per FI.R. Is that on 16-3-2003 at about 4-00 p.m. She, her husband Noor Muhammad and nephew Tahir had administered some poisonous substance to Muhammad Yasir, the son and Allah Mafi, the daughter of the complainant as a result of which Muhammad Yasir had died and Mst. Mafi was admitted in the hospital.
3. The motive behind the occurrence is that she had complained that the complainant is defaming her for having illicit relation with one Akhtar.
4. It has been contended on her behalf that she has falsely been roped in; that there is delay of about two days in lodging the F.I.R.; that there is no incriminating evidence on the record against her; that she is behind the bars Por a period of about one year; that she had given birth to a child in jail on 30-8-2003, who is innocent and is suffering due to her detention in jail; that she is a woman and hence the 1st proviso to section 497(1), Cr.P.C. Is attracted to her case; and that she is a previous nog-convict.
5. Conversely, the learned counsel for the State has opposed the petition on the ground that she is named in the F.I.R.; and that she alongwith her husband and nephew had administered some poisonous substance to the son of the complainant and his daughter and his son had met with the death and so she is sufficiently connected with the alleged offence.
6. I have carefully considered the submissions made by both the parties and the' record perused.
7. She is a woman. Hence, the 1st proviso to section 497(1), Cr.P.C. Is attracted to her case.
8. Besides than this, she statedly has given birth to a child in jail on 30-8-2003. The same has not been denied by the State's side.
9. It means that her child now is aged about six months.
10. In the case of Mst. Nusrat v. The State 1996 SCM R 973, the Honburable Supreme Court of Pakistan has allowed bail to the petitioner therein with the following observation:-- "The --sealing child of the petitioner kept in jail is undoubtedly innocent. He is kept in jail with mother obviously for his welfare. The concept of "welfare of minor" is incompatible with jail life. So instead of detaining the ;innocent child infant in the jail for the crime allegedly committed by his mother, it would be in the interest of justice as well as welfare of minor if the mother is releand from the jail. In famous case of Ghamidiyyah, our Holy Prophet Muhammad (p.b.u.h.) had suspended the sentence on pregnant woMan, not only till delivery of the child but also postponed it till suckling period i.e. Two years, obviously for the welfare of the child. This shows the paramount importance and significance of the right of a suckling child in Islam and the unprecedented care taken of, and the protection given to a child born or expected to be born, by our Holy Prophet Muhammad (p.b.u.h.). This golden principle of administration of justice enunciated by the Holy Prophet Muhammad (p.b.u.h.) must be strictly observed and followed in our country."
11. The similar is the view expressed in the case of Mst. Zarina v. The State 1991 M LD 518 Lahore.
12. She is stated to be previous non-convict.
13. In these circumstances, she is entitled to bail. The petition therefore, is accepted and she is admitted to bail subject to her furnishing bail bonds in the sum of Rs.50;000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.