| Case ID |
1a00b203-99d0-401f-8482-85b7bf545f46 |
| Body |
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| Case Number |
Crl. P. No. 243 of 2024 |
| Decision Date |
May 22, 2024 |
| Hearing Date |
May 22, 2024 |
| Decision |
The Supreme Court of Pakistan allowed the criminal petition for post-arrest bail, primarily focusing on the principle of consistency in granting bail to co-accused. The petitioner, a woman with a suckling baby, was implicated in a case where multiple supplementary statements were recorded by the complainant over time, leading to her inclusion as a suspect. The court noted that the FIR was lodged against unknown persons, and the evidence against the petitioner was insufficient to deny her bail. The court emphasized the need for equitable treatment of co-accused under similar circumstances and allowed bail subject to the petitioner furnishing a solvent surety. The decision underlines the importance of judicial discretion in bail matters, especially concerning vulnerable accused individuals like women and those with dependents. |
| Summary |
The case revolves around the petition of Mst. Ishrat Bibi seeking post-arrest bail from the Supreme Court of Pakistan. The case highlights the application of the rule of consistency in bail matters, particularly concerning the treatment of co-accused. The petitioner was implicated in a murder case through supplementary statements made by the complainant, which raised concerns regarding the reliability and validity of the accusations. The court's decision emphasizes the need to assess the evidence critically, especially when it involves vulnerable individuals like women with young children. The ruling aligns with recent judicial trends favoring the grant of bail under similar circumstances, thereby reinforcing the notion of fair treatment within the legal system. The case also references various sections of the Criminal Procedure Code and the Pakistan Penal Code, which are crucial in understanding the legal framework governing bail applications. Overall, this case serves as a significant reference point for similar future cases involving bail applications, particularly concerning the rights of women and the application of the principle of consistency in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ali Mazhar,
Athar Minallah
|
| Lawyers |
Mrs. Bushra Qamar, ASC for Petitioner,
Mr. Khurram Khan, Additional Prosecutor General, Punjab for State,
Mr. Khalid Masood Sandhu, ASC for Complainant
|
| Petitioners |
Mst. ISHRAT BIBI
|
| Respondents |
STATE through Prosecutor General, Punjab and another
|
| Citations |
2024 SLD 4771,
2024 PLJ 279
|
| Other Citations |
2023 SCMR 887,
2023 SCMR 1729,
2023 SCMR 383,
PLD 2022 SC 764
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302,
118,
120-B,
506,
109,
34
|