354/2014 Const. P. MST. SHABANA ANWER (Petitioner) V/S PROVINCE OF SINDH & OTHERS (Respondent)

354/2014 Const. P. MST. SHABANA ANWER (Petitioner) V/S PROVINCE OF SINDH & OTHERS (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 24-MAR-14

(a) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S. 302---Constitutional petition---Qatl-e-amd---Pre-arrest bail, grant of---Female accused with children---Accused-petitioner was alleged to have been involved in the murder of her husband---Accused was a woman with three children and she herself attended the funeral of her deceased-husband---Prosecution was hesitant in arresting the accused and till date police had made no serious efforts to arrest her--- Police had no explanation for its failure to arrest the accused, who was nominated in a murder case---Accused was admitted to pre-arrest bail in circumstances with the direction that she should cooperate with the police in investigation---Constitutional petition was disposed of accordingly. (b) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S.302---Constitutional petition---Crime scene/place of murder---Accused was given access to crime scene to remove personal belongings---Accused-petitioner was alleged to have been involved in the murder of her husband---Murder allegedly took place at the house where accused and her husband resided---Accused was granted post-arrest bail and her plea was that house in question had been locked by her in-laws; that she needed access to the said house to get access to her and her children's belongings---Validity---High Court directed that investigating officer should give free access to the accused in his presence; that accused was allowed to visit the house in presence of investigating officer so that she may recover/remove her belongings and those of her children without disturbing the crime scene; that investigating officer should ensure that belongings of accused and her children, which were not needed for investigation should be allowed to be taken away by the accused; that investigating officer should make diary of the entry of accused into the premises and make inventory of anything she removed from the crime scene---Constitutional petition was disposed of accordingly.