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2004 MLD 199

Mst. SURAYYA BIBI vs THE STATE

Citation2004 MLD 199
CourtLahore High Court
Case No.Criminal Miscellaneous No.780-B of 2003
Date2003-04-21
Judge(s)M. A. Shahid Siddiqui
ResultBail granted

ORDER

' Mst. Surayya Bibi is involved in a case under sections 302, 452, 148, 149, P.P.C. Alongwith her husband Nazir Ahmad and six others.

2. The prosecution case, in brief, is that on 16-2-2002 atabout 7-45 p.m. Ghulam Mustafa, Nazir Ahmad, Murtaza, Sagheer, Naik Muhammad, Abid Hussain, Naziran Bibi and the present petitioner entered the house of Khadim Hussain, the son-in-law of Nazir Ahmad (complainant) in order to take possession of the house of Naikh Muhammad accused. Mst. Surayya Bibi, present petitioner, and Naziran Bibi were empty-handed; while the remaining accused were carrying different type of weapons. Khadim Hussain (P.W.) was allegedly caught hold of by Naik Muhammad and Abid Hussain and subjected to violence, when Muhammad Ashfaq son of Nazir Ahmad (complainant) tried to rescue Khadim Hussain. Ghulam Mustafa (co-accused) inflected a blow with the butt of his rifle, which landed on the head of Muhammad Ashfaq. Khadim Hussain, Abdul Munaf, Nasser Ahmad and Nazir Ahmad (complainant) also received injuries at the hands of the accused. The allegation against Mst. Surayya Bibi petitioner is that she continued raising Lalkara during the occurrence and instigated his co-accused to kill Muhammad Ashfaq.

3. I have heard the arguments -and have perused the record. Mst. Surayya Bibi was empty- handed. She has not caused any injury to any person. She, being female, is otherwise entitled to the concession of bail. I, therefore, accept this application and order her release on bail subject to furnishing bail bond in the sum of Rupees Fifty Thousand with one surety in the like amount to the satisfaction of the trial Court.

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