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[Karachi]
Criminal Bail Application No. 415 of 1985, decided on 22nd May, 1985.
---S. 497--Penal Code (XLV of 1860), S. 302--Petitioner an old woman of about 50 years of age, after an, altercation with deceased, her prospective son-in-law, picking up some stones and hitting deceased- Petitioner allowed bail, in circumstances.
Pir Mazharul Raq for Applicant.
Hassan Akbar, A.A.-G. for the State.
Date of hearing: 22nd May, 1985.
Applicant is facing trial for offence under section 304, P.P.C. It is the case of the prosecution that she pelted stones at her own prospective son-in-law namely Usman who was engaged to her daughter Mst. Hameeda. Incident took place on 173-1985 at 12 noon in front of the house of deceased. F.I.R. was lodged on the same day at Police Station Sehwan. According to the version stated in F.I.R. there was altercation between the applicant and the deceased with regard to Mst. Hameeda and the fixation of the date. for her marriage and in the result, applicant threw three stones one after the other at Usman who became injured and died. Prosecution proposes to examine three eye-witnesses. Applicant has made judicial confession on 19-3-1985, in which the fact is admitted that she pelted stones at Usman.
Bail plea is urged on the ground that .applicant is a woman and is 50 years old and her case is covered by exception covered subsection (1) of section 497, Cr.P.C. The other ground is that even otherwise on the facts and merits it appears that there was no premeditation of altercation and further that no conventional weapon was used and stones were picked up on a sudden impulses as such it is likely that ultimately she may be tried for offence under section 304(2), P.P.C. In any case' on the fact, stated by the prosecution this would be a question of further enquiry. .
In the circumstances and for the facts and reasons stated above, I admit applicant to bail in the sum of Rs.30,000 with one surety and P.R. in the like amount to the satisfaction of the trial Court.
S. G. D.
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