Excelsior Correspondent
KARGIL, July 4: Session Court Kargil today rejected bail application of a woman who is accused of killing her husband by giving him extra dose of sedative medicine and thereafter strangulated him to death.
Principal Session Judge Kargil, Tahir Khurshid Raina rejected the bail application of accused Zahra Batool with the observation that proviso to section 497 clause (i) does not give unbridled power to the court to straightway enlarge the woman accused of heinous crime on bail.
The bail application of the accused was moved through her counsel Mian Abdul Qayoom with the contention based on proviso to section 497 clause (i) CrPC whereby it is provided that persons like woman, infirm and below 16 years of age can be granted bail in case of non-bailable offence punishable with death or life imprisonment. The second main contention was that the co-accused has been granted bail and therefore on the analogy of parity, accused applicant be also granted bail.
Public Prosecutor for the State Manzoor Ali Khan rebutted the arguments.
After hearing both the parties, the Principal Session Judge observed that though bail is the rule and jail is the exception but this dictum is not to be applied blindly. Court in fact is also the guardian of the society and has to strike a balance between the right to life and liberty of the accused with that of the society wherein horrible crime has been alleged to be committed by the said accused.
With these observations, the court finally rejected the bail application.
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