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Criminal Miscellaneous No. 3220/13 of 1986, decided on 7th December, 1986.
---S. 497--Penal Code (XLV of 1860), S.216--Bail, grant of--Allegedly petitioner harboured proclaimed offenders and facilitated their escape- Petitioner, a woman and offence not falling within prohibitory clause of S.497, Cr. P.C. allowed bail, in circumstances.
Malik Noor Muhammad Awan for Petitioner.
Mian Aslam Khan for the State.
Mst. Khurshid petitioner has moved this petition for bail in a case registered against her and others under sections 216/307 and 353 P.P.C.
2. The prosecution version is that on 17-9-1986 Muhammad Aslam A.S.I. received information that Ameera and Abdur Razzaq proclaimed offenders were present in the house of Ghulam Rasool in village Manda Khail upon which a raiding party consisting of Rana Muhammad Fazal D.S.P. and other police officials surrounded the house of aforesaid Ghulam Rasool On reaching near the wall of the Haveli of Ghulam Rasool, Muhammad Aslam A.S.I. saw Mst. Khurshid Bibi walking in the courtyard of the Haveli. On seeing the police party she ran into a room of the Haveli and informed the proclaimed offenders about the arrival of the police. The proclaimed offenders started firing at the police party. The police party also fired in defence. Both the proclaimed offenders went into fields from the back side of the house and disappeared. In the F.I.R. it is alleged that the petitioner harboured them and facilitated their escape.
3. I have heard the learned counsel for the parties. So far as the petitioner is concerned, the allegations in the F.I.R. disclose the commission of offence under section 216, P.P.C. The petitioner is a woman and the offence does not fall within the prohibitory clause. I, therefore, admit her to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Mianwali.
S. G. D. Bail allowed.
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