A sessions court on Wednesday issued notices on an application filed by a woman suspect seeking post-arrest bail in a case pertaining to the deadly Karsaz traffic accident that killed two people last month.
However, the court granted interim pre-arrest bail to her husband Danish Iqbal in the case.
The woman, who is in jail, and her husband filed separate bail applications with the sessions court through their lawyer Amir Mansoob Qureshi.
After the initial hearing, Additional Sessions Judge (East) Shahid Ali Memon issued notices to the prosecution, the investigation officer of the case, and the complainant to file their responses to the bail plea of the woman by September 6.
He, however, granted bail to Danish subject to furnishing a surety in the sum of Rs100,000 and directed him to join the investigation. The court issued a notice to the prosecution and summoned the IO to appear along with police papers on the next hearing for confirmation or otherwise of the interim bail.
The counsel stated that the woman had been suffering from mental illness, which was evident from her 19-year medical history and ongoing treatment with psychiatrists at a private hospital.
He said the accused was suffering from psychosis, which leads to a distorted perception of reality, meaning the accused could not recognize the potential consequences of her behaviour and actions. At the time of the accident she was not in a sound state of mind and was experiencing a phase of psychosis, he added.
The lawyer said Section 322 (punishment for qatl-bis-sabab) of Pakistan Penal Code is attracted when a driver lacks a valid driving licence, but his client had a UK driving licence, which is valid under the law for a reasonable period of six months following her arrival in the country. He contended that the suspect had arrived in Pakistan on August 2, due to which the section was not applicable in the present case.
He said the alleged incident was not a result of willful negligence but rather an unforeseen accident possibly exacerbated by her medical condition. Therefore, he added in the given circumstances, the application of severe penal sections was unjustified and excessive. She cannot be held fully accountable for actions committed while under the influence of a severe mental disorder.
Qureshi said Section 322 was inserted by the IO with mala fide intentions, and though it was non-bailable offence but punishable with Diyat, the applicant was also willing to furnish a surety equivalent to the Diyat amount.
About Danish, the counsel said the IO named him in the present case in order to harass and pressurize him. On learning about his name included in the FIR, the applicant obtained protective bail from the Sindh High Court on August 29, he said.
Qureshi said the applicant was booked under Section 114 (Abettor present when offence is committed) of the PPC despite the fact that he didn’t accompany his wife at the time of the accident. The IO had been continuously raiding his house as the car which had been allegedly involved in the accident was registered in the name of a company, adding that he was one of the directors of the company and had been named in the present case with mala fide intentions and ulterior motives.
“Section 114 [of] PPC can only be attracted if the applicant would have been present when the offence was committed. Even otherwise, the section under which the applicant has been charged is punishable for payment of Diyat,” the counsel argued.
