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Criminal Miscellaneous No. 84/13 of 1981, decided on 31stJanuary, 1981.
‑‑ S. 497 (1) read with Penal Code (XLV of 1860), S. 302‑Murder Bail‑Grant of bail to a woman although normally allowed in discretion of Court yet such discretion to be exercised on judicious considerations‑Petitioner, accused of giving poison to a child given in her care, held, can hardly expect discretion to be exercised in her favour‑Bail. declined in circumstance.
Josephini v. The State Law Notes 1973 Lah. 845 ref.
Jari Ullah Khan for Petitioner.
The complainant Mst. Halima said that she and her durrani (husband s brother's wife) Mst. Mumtaz were sitting in the courtyard of the house previous evening when Mst. Mumtaz asked her to bring a hatchet to rend wood. She left leaving her little boy of 2 months with her durrani Mst. Mumtaz and when she came back, found her child crying and blood oosing out of his mouth. She asked Mst. Mumtaz as to what had happened but Mst. Mumtaz kept quiet and appeared nervous. The child was taken to be treated to the Hospital but on the way he died. The F. I. R. was lodged at 7‑15 in the morning on 2nd October, 1980. It was recorded under section 302, P. P. C. The Medical Officer in his post -mortem report stated that the death appeared to have been caused by the soda‑caustic which was sufficient to cause death in the ordinary course of nature. According to the report of Chemical Examiner, caustic‑soda was detected in the stomach and intestine of the child. The petitioner applied for bail before the learned Sessions Judge but the application was rejected on 26th November, 1980. It has been repeated before this Court.
2. Learned counsel for the petitioner has vehemently contended that the petitioner is a woman and therefore, the provision to section 497 (1), Cr. P. C. is applicable to her case and she is entitled to bail. The motive stated was about ornaments which is neither here nor there. Extra -judicial confession is also concocted. Learned counsel has relied upon Josephini v. The State (Law Notes 1973 Lah. 845) to contend that the bail should be granted to a woman as a matter of rule.
3. Learned counsel for the State has opposed the application for bail.
4. Normally, a woman is granted bail in view of the proviso afore- quoted and the discretion vesting in the Court is exercised in her favour but still it is a discretion and has to be exercised on judicious considera tions. A woman giving poison to a child of 2 months entrusted by the complainant for his protection to her can hardly expect discretion to be exercised in her favour. The allegation shows callousness and indifference to the consequences. I am not inclined to exercise discretion at this stage. This application for bail is, therefore, dismissed.
Appeal dismissed,
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