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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. MARIA KHAN VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Jawwad S. Khawaja Title: Mst. MARIA KHAN vs THE STATE and another Case No.: Criminal Petition No,683-L of 2012 Date of Judgment:2012-10-05 Reported As: 2013 SCMR 49 Result: Bail Allowed
Judgment ORDER ' JAWWAD S. KHAWAJA, J.---Learned counsel for the petitioner stated that the petitioner Mst. Maria Khan was implicated in the case F.I.R. No,519 of 2012 on the basis of a supplementary statement which in turn was based on an extra judicial confession allegedly made by the petitioner before two taxi drivers namely Muhammad Nadeem and Wajid Ali. Upon being questioned, learned counsel states that these two persons are not related to the petitioner and according to the complainant the alleged statement was made by the petitioner before the aforesaid drivers at a taxi stand. Learned counsel for the complainant further stated that the testimony of three prosecution witnesses namely the complainant and two taxi drivers, have been recorded in Court. On this basis it is contended that bail should be declined to the petitioner. This is not a valid consideration in the circumstances of the present case nor is it an absolute rule that where evidence has been recorded, the accused cannot be enlarged on bail. 3. The learned Bench of the High Court has not taken into account the above circumstances of the case and has proceeded on the basis of conjecture while observing that "even otherwise it is of (sic) common knowledge that now-a-days the notorious gangs involved in heinous offences deploy womenfolk to fulfill their nefarious designs". We may observe that where the liberty of a citizen is involved such conjectural considerations cannot be a basis for declining bail. 4. In view of the foregoing circumstances, the petitioner is enlarged on bail subject to furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court. The petition is converted into an appeal and is allowed.