MURID FATIMA Versus MUBARAK HUSSAIN
This petition for leave to appeal arises from an order of the High Court granting pre-arrest bail to the respondents in a murder case. The petitioner, mother-in-law of the deceased, lodged a delayed First Information Report alleging murder after the parents of the deceased had already stated they suspected no foul play following the sudden death. The core legal question concerns the propriety of granting pre-arrest bail in light of delayed reporting, previous litigation, and political rivalry between local actors. The Supreme Court held that no interference with the High Court's order was warranted, thereby dismissing the petition. The key principle laid down is that where a criminal case stems from belated allegations amidst prior litigation and political rivalry, the grant of pre-arrest bail by the High Court remains sound and unassailable.
- Whether pre-arrest bail can be granted when the FIR is lodged after a considerable delay and the parents of the deceased suspect no foul play?
- Does pending civil and criminal litigation between parties constitute a valid ground supporting the grant of pre-arrest bail?
- Is political rivalry between local figures a relevant consideration in assessing the mala fides of a criminal case for pre-arrest bail?
ORDER
1. JAVID IQBAL, J.‑ ‑This petition for leave to appeal has been filed by Mst. Murid Fatima petitioner in the following circumstances: Mst.Mumtaz Bibi, daughter‑in‑law of the petitioner died on 22nd May, 1987 while she had been separated from her husband and lived with her parents. The father of the deceased reported the matter to the police on 23rd May, 1987 to the effect that although she. had died suddenly and might have taken something in the water, as she was mentally disturbed, he did not suspect any foul play. But since her mother‑in‑law i.e. the present petitioner was a mischievous person, she might involve him or his family members in her murder. After more than two months i.e. on 30th July, 1987 the petitioner lodged FIR alleging that the persons named in the FIR including the respondents had murdered Mst.Mumtaz Bibi. The High Court allowed bail before arrest to the respondents on the grounds that there was criminal and civil litigation pending between the parties, that the matter was reported by the petitioner mother‑in‑law after more than two months whereas the parents of the deceased did not suspect any foul play and that the case was result of political rivalry between the two local MPAs who were using both the parties with a view to defeat each other.
2. Learned counsel for the petitioner attempted to argue that the respondents were involved in the conspiracy to commit the murder of` the deceased. However, after hearing learned counsel, we are of the view that it is not a fit case for interference in the order of the High Court. As a result this petition is dismissed.
3. S.Q./M‑363/S Petition dismissed.