Mst. Shahira Bibi vs State S — 2025 MLD 1052 PESHAWAR-HIGH-COURT

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Mst. Shahira Bibi VS State S. 497(1), first proviso---Bail---Female accused---In cases involving women, Irrespective of the category of the offences, bail is to be granted as a rule and refused as an exception in the same manner as it is granted or refused in offences that do not fall within the prohibitory clause of S. 497(1), Cr.P.C. Citation Name: 2025 MLD 1052 PESHAWAR-HIGH-COURTBookmark this Case Mst. Shahira Bibi VS State S. 497(1)---Penal Code (XLV of 1860), S. 302---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd and possession of illegal weapon---Post arrest bail, grant of---Female accused---Plea of self-defence---Petitioner herself reported the matter to police---Incident occurred late at night, around 11:00 PM---Police arrived at the scene on petitioner's report, where they found the deceased in injured condition outside the boundary wall of her house---Mother of the deceased in her statements under S.164, Cr.P.C., along with other documentary evidence supported the petitioner's account qua place of occurrence---Petitioner herself presented the shotgun to the police used in the incident and a spent cartridge from the same weapon was recovered from her house---Police also took possession of a loaded pistol, allegedly belonging to the deceased, which was presented by the petitioner's son---There was no evidence suggesting any relationship between the deceased and the petitioner, nor was there any justification provided for the deceased's presence at the crime scene at odd hours especially when her husband was abroad---In the circumstances, the petitioner's claim of having acted in self-defence appeared reasonable and could be considered at bail stage---Case of the petitioner required further probe into her guilt and she was held entitled for concession of bail more particularly when she was a female accused and the law had extended some concessions to her in view of S.497(1), Cr.P.C.---There was no likelihood of petitioner's abscondence or tampering with the prosecution evidence or influencing the witnesses nor she had any criminal history to strengthen the apprehension of repetition of the same offence---Bail application was accepted and post arrest bail was allowed, in circumstances.

Mst. Shahira Bibi vs State S — 2025 MLD 1052 PESHAWAR-HIGH-COURT

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