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

Case information

Citation
2023 SCMR 383 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
Mst. ASIYA vs State Ss
Subject matter
Criminal
Provisions referred to
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

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.

Other judgments reported in 2023 SCMR

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