Mst. SARWARI BIBI vs STATE and another
This matter concerns a petition for post-arrest bail filed by Mst. Sarwari Bibi, who was implicated in a criminal case registered under Sections 302, 364-A, and 363 of the Pakistan Penal Code 1860. The core legal question was whether, given the evidence on record, the petitioner was entitled to the concession of bail. The prosecution alleged that the petitioner instigated her son to abduct two minors, one of whom was subsequently murdered. Upon reviewing the record, the Court observed that the only evidence against the petitioner was a prior scuffle with the complainant's sister and a resulting threat. Crucially, the recovered minor did not implicate the petitioner in her statement recorded under Section 161 of the Code of Criminal Procedure 1898. The Court held that the petitioner's liability remained a matter for trial and that her continued incarceration was unnecessary for investigation. Consequently, the Court admitted the petitioner to bail, establishing the principle that bail may be granted when the prosecution's case against an accused rests on tenuous grounds without direct evidence of participation in the crime.
- Is an accused entitled to post-arrest bail when the prosecution evidence fails to directly implicate them in the alleged crime?
- Does the absence of a statement under Section 161 of the Code of Criminal Procedure 1898 implicating the accused justify the grant of bail?
- Can bail be granted when the accused's continued incarceration is not required for further investigation?
- Section 302, Pakistan Penal Code 1860
- Section 364-A, Pakistan Penal Code 1860
- Section 363, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
' Mst. Sarwari Bibi petitioner seeks her release on post arrest bail in case FIR No, 60 dated 28.1.2014, registered under Sections 302, 364-A & 363, PPC at Police Station Saddar Jaranwala, District Faisalabad.
2. In brief, the allegation against the petitioner is that her son Shakoor on her instigation had abducted two children Sameer aged about 5/6 years and Alisha aged about 7/8 years and dead body of Sameer was found subsequently at some unknown place while the minor girl was recovered from the custody of co-accused Shakoor.
3. Parties heard. Record perused.
4. As per contents of the FIR the petitioner had some scuffle with the sister of the complainant Rana Akash and she threatened that her children would be kidnapped and except this allegation contained in the FIR, there is nothing on the file to show that the petitioner had any hand in the murder of Sameer or in the abduction of the minor girl. The minor girl while making statement under Section 161, Cr.P.C did not implicate the petitioner for her abduction and for the murder of her brother. The liability of the petitioner regarding her participation in the occurrence would be determined by the Court seized of the trial of the case and the charges levelled against her are yet to be established. The petitioner is facing incarceration for the last seven months whose person is not required for further investigations.
5. Keeping in view the afore-noted facts and circumstances of the case, the petition in hand is accepted and Mst. Sarwari Bibi is admitted to bail subject to her furnishing of bail bonds in the sum of Rs,2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.