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Petitioner: Mst. RUKHSANA VS Respondent: StateHonorable Justice Mrs. Qaisar IqbalSardar Muhammad Yousuf
2010 P Cr
2010 P Cr. L J 1617
[Karachi]
Before Mrs. Qaisar Iqbal,
Mst. RUKHSANA---Applicant
Versus
THE STATE---Respondent
Bail Application No. 1067 and M.As. Nos. 3823, 3789 of 2008, decided on 23rd September, 2008.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S. 324/34---Attempt to commit qatl-e-amd---Bail, grant of-Accused was a woman of advanced age with a history of heart ailment, who was under treatment in Institute of Cardio Vascular Diseases for the last six years Taking into consideration the nature of offence and its effect and advanced age of the accused, she was entitled to the benefit available under law--Accused was admitted to bail, in circumstances.
Sardar Muhammad Yousuf for Applicant.
Muhammad Bukhsh Awan, A.A.-G. for the State.
ORDER
MRS. QAISAR IQBAL, J.---Granted.
2. Granted subject to all just exceptions.
3. The applicant Mst. Rukhsana Begum is connected in commission of the Crime by facilitating her son co-accused Muhammad Raheem by providing a knife lo him, on her instigation .co-accused had caused multiple injuries to victim Mairaj Ahmed on the basis of matrimonial dispute between his sister Shagufto and co-accused Muhammad Raheem. Learned counsel for, applicant contends that the story depicted in the First Information Report does not connote the implication of the applicant in the commission of crime by facilitating her son to inflict serious injuries to the victim Mairaj Ahmed. It is next urged that the applicant is a sick and infirm woman entitled to be released on bail.
Learned A.A.-G. has vehemently opposed the bail 'application on the premises that the applicant has played a direct role by providing knife and instigated her son co-accused Muhammad Raheem who had caused multiple injuries to the victim. It is next urged that family dispute had flared up on account of the acts of the applicant whereby a boy of tender age was victimized. It will not be out of place to mention that 'the question of vicarious liability shall be threshed at trial as specific role of causing injury to injured brother of Mst. Shagufta is 'attributed to her son co-accused Muhammad Raheem. Undoubtedly age itself is not a ground for grant of bail unless the accused is medically certified to be infirm or sick or that her detention in jail would be detrimental to her health.
I have considered the arguments advanced at bar. The applicant is a woman of advanced age with a history of heart ailment remained under treatment in National Institute of Cardio Vascular Diseases Karachi from the last six years. Taking into the consideration nature of the offence and its effect, advanced age of the applicant, she is entitled to the benefit available under Criminal Law Amendment Ordinance, 2006.
In view of the above circumstances, I am inclined to bail the applicant subject to furnishing solvent surety in the sum of Rs.50,000 (Rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. Orders accordingly.
H.B.T./R-39/K Bail granted.