Mst. NASREEN vs STATE
This matter concerns a bail application filed by the petitioner, Mst. Nasreen Akhtar, who stands accused of murder. The core legal question presented to the Court was whether a female accused, despite facing a serious criminal charge, is entitled to the grant of bail on the specific humanitarian ground that she has a suckling child who requires her care and should not suffer the hardships of incarceration due to the alleged actions of the mother. The Court, relying on established precedents, held that the welfare of the suckling child constitutes a sufficient and compelling ground for the grant of bail. Consequently, the Court allowed the petition and enlarged the accused on bail, subject to the provision of bail bonds. The key principle laid down is that the welfare of a suckling child is a paramount consideration in criminal proceedings, and the child should not be made to suffer in jail for the alleged offences committed by the mother, thereby justifying the release of the mother on bail.
- Is the presence of a suckling child a sufficient ground for the grant of bail to a mother accused of murder?
- Should a child be made to suffer in jail for the alleged crimes of their mother?
ORDER
1. Relying on Ghulam Sakina and others v. The State (1991 PCr.LJ 1316) and also Mst. Nusrat v. The State (1996 SCM R 973), the learned counsel for the petitioner has urged that although Mst. Nasreen Akhtar petitioner has been accused of murder yet she is entitled to grant of bail as the welfare of suckling child demands that her mother should be in a position to look after the child properly and the child should not suffer in jail for the murder committed by his mother and that the release of the mother was such ground would be in furtherance of principles of justice expounded under Islamic Criminal Law. He states further that the petitioner does not want to press her bail on the other grounds taken in the petition.
2. 2.The learned State counsel concedes that the petitioner has a suckling child aged hardly about I year.
3. 3.I have had the privilege of going through the authorities cited at the bar and I feel inclined to grant the petitioner bail merely on the ground that the welfare of the suckling child so demands and that the child should not be made to suffer in jail for the murder allegedly committed by his mother. In these circumstances, the petitioner is enlarged on bail subject to her furnishing bail bond in the sum of Rs,1,00,000 with two sureties in the like amount each to the satisfaction of the Deputy Registrar (Judi.) of this Court.
Cited by 7 cases
- Mst. Sangeeta vs The State and another 2022 PCRLJ 949
- Sumera Bibi vs The State and others 2021 MLD 297
- Mst. NASREEN BIBI Versus State 2021 PCrLJN 34
- Naik Muhammad vs The State 2019 PHC 38
- NAIK MUHAMMAD Versus AHMAD YAR KHAN 2019 PCrLJ 886
- NASIM BIBI vs The STATE 2019 MLD 1157
- Mst. PARVEEN IQBAL Versus THE STATE 2004 PCRLJ 20