Citation Name: 2023 PCrLJ 1370 PESHAWAR-HIGH-COURTBookmark this Case GUL SHAH PEERI vs State S — 2023 PCrLJ 1370 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1370 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1370 PESHAWAR-HIGH-COURTBookmark this Case GUL SHAH PEERI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 PCrLJ 1370 PESHAWAR-HIGH-COURTBookmark this Case GUL SHAH PEERI VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 109---Qatl-i-amd, abetment---Bail, grant of---Female accused with infant---Allegations against the petitioner was of abetment---Petitioner was a woman and had been behind the bars along with her suckling daughter, aged about 14 months, since her arrest---Concept of 'welfare of minor' was surely incompatible with jail life, so, on this score also, accused was entitled to the concession of bail because instead of detaining the innocent infant in the jail for indefinite period for the crime allegedly committed by her mother, particularly, when husband of the petitioner was in a foreign country in connection with his livelihood and there would be no one to look after the baby outside the jail premises---Holy Prophet Muhammad (P.B.U.H) was pleased to suspend the sentence of a pregnant woman not only till the delivery of child but also postponed it till the period of 'Riza' i.e., lactation period"---Bail was allowed, in circumstances.

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