MUNAWAR BIBI vs State Ss — 2023 SCMR 1729 SUPREME-COURT

Case information

Citation: 2023 SCMR 1729 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUNAWAR BIBI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 379---C; 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

MUNAWAR BIBI VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), S. 379---Constitution of Pakistan, Art. 185(3)--- Theft--- Ad-interim pre-arrest bail, confirmation of---Further inquiry---Female accused---FIR was lodged after an inordinate delay of more than three months for which the complainant did not utter a single word---Co-accused of the petitioner, who was ascribed a similar role, had been granted post-arrest bail by the court of competent jurisdiction---Petitioner was a lady of advanced age---Maximum punishment provided under the statute for the offence under section 379, P.P.C. was three years and the same did not fall within the prohibitory clause of section 497, Cr.P.C.---Case of the petitioner squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into her guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre-arrest bail granted to the accused was confirmed.

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