Mst. Mariyam vs State S — 2025 MLD 1945 LAHORE-HIGH-COURT-LAHORE

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Mst. Mariyam VS State S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd---Bail, grant of---Further inquiry---Allegation against the accused-female petitioner was that her male co-accused committed rape with the sister of complainant and then committed her murder---As per record, name of petitioner (female) was disclosed by co-accused on 06.09.2024 that she was accompanying them when they were coming from another city and he along with said petitioner while putting dopatta around the neck of deceased threw her from a running vehicle/car, however neither any dopatta had been recovered nor any other piece of evidence in corroboration of said statement of the co-accused was available on the record---As per Investigating Agency, after thorough investigation it had been concluded that said petitioner was merely sitting on the front seat of the car and she neither put dopatta around the neck of deceased of the case nor threw her from the car---Time between injuries and death was not given by the Medical Officer as per post-mortem examination report and furthermore after receipt of reports from the experts, it had been finally opined by the Medical Officer that cause of death in this case was uncertain and manner of death was undetermined---When all said circumstances were taken into consideration in totality, then case of the prosecution against both the petitioners, at present, required further probe/inquiry and would fall within the purview of subsection (2) of S.497, Cr.P.C.---Petitioner (male) was arrested in this case on 05.08.2024 whereas present petitioner (female) was arrested on 24.09.2024, they sent to jail where they were confined, and in such circumstances, no useful purpose would be served to the case of prosecution by keeping them in jail for an indefinite period---Bail could not be withheld as advance punishment---Even otherwise bail was a procedural relief i.e. mere change of custody from State to surety and had no bearing on ultimate fate of the case---Bail petition was allowed, in circumstances.

Mst. Mariyam vs State S — 2025 MLD 1945 LAHORE-HIGH-COURT-LAHORE

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