| Case ID |
000ccd19-a07e-4116-bc0e-be44181e7980 |
| Body |
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| Case Number |
Crl. Misc. No. 90-B of 2021 |
| Decision Date |
Feb 18, 2021 |
| Hearing Date |
Feb 18, 2021 |
| Decision |
The court granted bail to the petitioner, Naseem Bibi, who was accused of a heinous crime involving the murder of her minor son. The court noted that the mere heinousness of the offence does not strip the court of its discretion to grant bail. The petitioner was pregnant at the time, and the court emphasized the importance of considering the welfare of the unborn child, referencing Islamic principles that prioritize the rights of suckling children. The court found no motive for the alleged crime and highlighted that the absence of evidence against the petitioner warranted her release on bail, provided a bond was furnished. The decision reinforced the principle that bail should not be used as a punishment. |
| Summary |
In the case of Naseem Bibi vs. Gull Faraz and Another, the Islamabad High Court dealt with a sensitive matter involving allegations of murder against a pregnant woman. The petitioner, Naseem Bibi, was accused of murdering her minor son, with the prosecution arguing that she had subjected the child to physical torture leading to his death. However, the court found significant factors in favor of granting bail, particularly the petitioner's advanced pregnancy and the lack of substantial evidence linking her to the crime. The court referenced the principles laid out by Islamic teachings regarding the treatment of pregnant women and the rights of children, emphasizing that the welfare of the child should be prioritized. The decision highlighted the need for a careful approach in cases involving serious allegations, ensuring that the rights of the accused are protected while balancing the interests of justice. The court's ruling is a reminder that every individual has the right to a fair trial and that bail should not be denied solely based on the nature of the alleged crime. This case serves as a critical reference point in discussions about bail practices in Pakistan, especially in cases involving vulnerable populations such as pregnant women. Keywords for SEO include 'Islamabad High Court', 'bail granted', 'murder allegations', 'Criminal Procedure Code', 'Pakistan Penal Code', 'Islamic law principles', and 'rights of the accused'. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ MEHMOOD,
JAHANGIRI
|
| Lawyers |
Mr. Sahibzada Saad-ul-Amin,
Mr. Ikramullah
|
| Petitioners |
NASEEM BIBI
|
| Respondents |
ANOTHER,
GULL FARAZ
|
| Citations |
2021 SLD 1973,
2021 PLJ 1217
|
| Other Citations |
PLD 1972 SC 81,
1996 SCMR 973,
2012 PCr.LJ 841,
2011 PLD 1015,
Mst. Naila Younas v. The State (2020 MLD 1036),
Gul Hassan v. The State (2020 YLR 1919),
Muhammad Iqbal v. The State and another (2020 PCr.LJ Note 34),
Mazal Khan v. The State (2020 MLD 755),
Sham and 2 others v. The State (2019 YLR Note 82),
Amir Hamza v. The State and others (2019 YLR Note 57)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302
|