Table of Contents
- Introduction
- Case Background
- Filing of the FIR
- Supplementary Statements and Accusations
- Bail for Co-Accused
- Key Legal Provisions
- Section 497(1), Cr.P.C.
- Relevant Sections of the Pakistan Penal Code
- Arguments Presented
- Arguments by Petitioner’s Counsel
- Arguments by Complainant’s Counsel
- Arguments by State Counsel
- Court’s Observations
- Assessment of Evidence
- Application of Section 497(1), Cr.P.C.
- Rule of Consistency
- Definition of Rule of Consistency
- Application to the Case
- Decision and Directions
- Granting of Bail
- Court’s Instructions
- Conclusion
1. Introduction
This judgment addresses a criminal petition that sought post-arrest bail under Section 497(1) of the Criminal Procedure Code (Cr.P.C.). The petitioner, Mst. Ishrat Bibi, contested her implication in a murder case. She based her plea on her status as a woman with a suckling child and the principle of consistency in granting bail.
2. Case Background
Filing of the FIR
On July 17, 2021, the complainant filed an FIR alleging the murder of his son by unknown assailants.
Supplementary Statements and Accusations
The complainant later submitted multiple supplementary statements. These statements implicated various individuals, including the petitioner. Authorities charged the petitioner with conspiracy and abetment in connection with the murder.
Bail for Co-Accused
Courts, including the Supreme Court, granted bail to several co-accused. This included the principal accused who allegedly fired the fatal shot.
3. Key Legal Provisions
Section 497(1), Cr.P.C.
This section empowers courts to grant bail in non-bailable offenses under specific circumstances. Courts must prioritize bail for women, minors under 16, and individuals who are sick or infirm.
Relevant Sections of the Pakistan Penal Code
- Section 302 (Murder): Punishment includes death or life imprisonment.
- Section 120-B (Criminal Conspiracy): Penalizes those who conspire to commit a crime.
- Section 118 (Concealing Design to Commit an Offense): Punishes those who intentionally conceal plans for a crime.
- Section 109 (Abetment): Penalizes individuals who aid or instigate a crime.
- Section 34 (Common Intention): Holds individuals responsible for acts done jointly with others.
4. Arguments Presented
Arguments by Petitioner’s Counsel
The petitioner’s counsel argued that the complainant initially excluded the petitioner’s name from the FIR. The complainant later added her name through supplementary statements. Counsel highlighted the absence of independent witnesses to corroborate the petitioner’s alleged role. He also emphasized her eligibility for bail as a woman with a suckling child under the first proviso of Section 497(1), Cr.P.C. He further pointed out that courts had already granted bail to co-accused, including the principal accused, under the rule of consistency.
Arguments by Complainant’s Counsel
The complainant’s counsel strongly opposed the bail plea. He accused the petitioner of masterminding the murder conspiracy. He contended that her role significantly differed from the roles of the co-accused who had received bail.
Arguments by State Counsel
The state counsel acknowledged the bail granted to other co-accused. However, he insisted that authorities required additional time to investigate the petitioner’s alleged role as the mastermind.
5. Court’s Observations
Assessment of Evidence
The Court reviewed the evidence, noting that the complainant implicated the petitioner through supplementary statements submitted after the FIR. The Court observed insufficient evidence to establish the petitioner’s role as the mastermind behind the crime.
Application of Section 497(1), Cr.P.C.
The Court emphasized the humanitarian intent of Section 497(1), Cr.P.C., particularly its focus on safeguarding the welfare of women and children.
6. Rule of Consistency
Definition of Rule of Consistency
The rule of consistency mandates equal treatment for accused persons with comparable roles in a crime.
Application to the Case
The Court analyzed the petitioner’s role and found it aligned with that of co-accused individuals who had already secured bail.
7. Decision and Directions
Granting of Bail
The Court approved the petitioner’s bail plea. It directed her to submit a surety bond worth Rs. 100,000.
Court’s Instructions
The Court instructed the Trial Court to expedite the case proceedings and avoid unnecessary delays.
8. Conclusion
This judgment underscores the importance of Section 497(1), Cr.P.C., in prioritizing the welfare of women and children. It also highlights the principle of fairness through the rule of consistency, ensuring equal treatment for similarly situated co-accused.