' This is an application for suspension of the sentence of imprisonment inflicted on applicant Mst.
Parveen Iqbal under section 395, P.P.C.
2. It has been contended by the learned counsel for the applicant/ appellant that the applicant has a suckling baby of about nine months. Since in jail the child is suffering for want of ,proper care and medical facilities, therefore, pending decision of the appeal, the applicant may be released on bail.
It is further his submission that since the sentence inflicted on the applicant otherwise is short i,e, only four years and she is behind the bars since the time of pronouncement of the impugned judgment, therefore, on this ground too, she is entitled for the grant of bail.
3 Mr. M. Arshad Lodhi, Assistant Advocate-General, Sindh, in view of the fact that jails in Pakistan do not cater for the needs of infants and small children, does not oppose the grant of bail.
4. The applicant is in jail since 29-8-2003 and though much time has not elapsed yet, since it has been confirmed by the learned Assistant Advocate-General that jails in Pakistan do not normally, provide for the facilities which are needed for upbringing of small children particularly infants, therefore, in my view, welfare of the child demands that his mother may be kept in better environment where she may not only be able to take care of herself but look after and bring her child up according to the modern living standards besides, providing suitable medical facilities to him in the hour of need; which obviously is not possible in jail.
5. It would be worthwhile to mention that in the famous case of Ghamidiyyah, the Holy Prophet Muhammad (p.b.u.h.) was pleased to suspend the sentence passed on a pregnant woman not only till delivery of child but for the period of Riza'at as well, basically for welfare of the child. In the following cases as well, the sentences passed on female convicts were suspended for the betterment of children.
(1) Mst. Nusrat v. The State 1996 SCM R 973, (2) Liaqat and another v. The State 1999 PCr.LJ 1004, (3)
Mst. Nasree v. The State 1998 M LD 1350, (4) Mst., Ansar Jan v. The State and another 2000 PCr.LJ 586,
(5) Hazoor Bakhsh v. Federation of Pakistan PLD 1981 FSC 145.
' I, therefore, while humbly following the decision made by the Holy Prophet Muhammad (s.a.w.) in the case of "Ghamidiyyah" as well as the dictum of the afore-quoted judgments, am inclined to allow the application. Resultantly, operation of the impugned judgment is suspended and the applicant/appellant is released on bail on her furnishing surety in the sum of Rs,one lac with two sureties and P.R. Bond in the like amount to the satisfaction of the learned trial Court.