Mst. ASIYA vs State Ss — 2023 SCMR 383 SUPREME-COURT

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Mst. ASIYA VS State Ss. 497(1), first proviso & 497(2)---Penal Code (XLV of 1860), Ss. 302, 34, 297, 201 & 203---Constitution of Pakistan, Art. 185(3)---Wife accused of abetting/instigating murder of her husband---Bail, grant of---Female accused with a suckling baby---Further inquiry---Rule of consistency---Admittedly it was the accused-lady herself, who had reported the matter to the police that her husband went missing---Subsequent to that she was implicated in the case pursuant to the statement of brother of the deceased recorded under section 164, Cr.P.C. after lapse of 15 days---Admittedly, the recovered dead body of the deceased was fully burnt and overall condition of the dead body made it impossible to identify the deceased---Although DNA test of the corpse had been done but the report was still awaited---Only allegation against the accused was that the whole occurrence was committed by the principal accused on her instigation/abetment---However, no specific date, time and place where the conspiracy was hatched had been mentioned---Even name and number of witnesses to that extent were not available on the record---Accused had two children, one of which was a suckling baby girl of 17 months, who had been confined with her in jail---Other child was living with the grandmother---Principal accused had already been granted post-arrest bail by the High Court, and the case of the present accused was even at better footing as compared to the principal accused---Following the rule of consistency, the accused also deserved the same treatment to be meted out---Furthermore accused was behind bars for the last more than five months; she was otherwise a woman and her case was covered by first proviso to subsection (1) of section 497, Cr.P.C.---Accused had made out a case for bail as her case squarely fell within the purview 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 accused was granted bail.

Mst. ASIYA vs State Ss — 2023 SCMR 383 SUPREME-COURT

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