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Petition for Special Leave to Appeal No. 76 of 1970, decided on 20th April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th March 1970, in Criminal Miscellaneous No. 1687 of 1970).
-----S. 497(1)‑Bail never sought in Courts below on ground of accused being a woman Accused, held, could move lower Courts for bail on ground of her sex if so advised‑Petition for Leave to Appeal dismissed by Supreme Court.
Sultan Ahmad Khawaja, Advocate Supreme Court instructed by Maqbul Ahmad Rana, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 20th April 1970.
The petitioners Buta and Mst. Sardaran are charged for the murder of the latter's husband named Ghaman of village Mangtanwala. According to the prosecution case, the two petitioners who had contacted an immoral intimacy, poisoned the deceased to clear him out of their way. The petitioners moved for their bail before the Sessions Judge and the High Court unsuccessfully. The points urged for bail attacked the prosecution case on its weaknesses from the point of view of evidence. The learned Single Judge in the High Court has observed that that was a matter which would engage the considera tion of the trial Judge to determine the guilt or innocence of the petitioners at the trial. It appears that the proceedings have been considerably delayed in the committing Court having now lasted for more than a year. The learned Single Judge in the High Court has directed that the matter be disposed of expeditiously and we expect that this direction is being fully implemented, so that the inquiry is completed without any avoidable loss of time.
The learned counsel for the petitioners has submitted that Mst. Sardaran being a woman should have been granted bail under the proviso to section 497 (1) of the Criminal Procedure Code. The proviso relied upon confers a discretion on the Courts, but it seems that Mst. Sardaran's bail was never sought from the Courts below on that basis. However, Mst. Sardaran can still move the committing Court or the Sessions Judge in case she is committed for trial there, for her bail on the ground of her sex, if so advised.
This petition is dismissed.,
Leave Refused.
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