Mst. RAZIA BIBI vs THE STATE
This matter concerns a post-arrest bail petition filed by Mst. Razia Bibi, who is accused of an offence under sections 302, 109, and 34 of the Pakistan Penal Code 1860, in connection with F.I.R. No. 320 of 2000 registered at Police Station Nishter Colony, Lahore. The core legal question was whether the petitioner was entitled to the concession of bail given the allegations of her involvement in the murder of her daughter-in-law. The complainant, an eye-witness, alleged that the petitioner set the deceased ablaze, a statement corroborated by the dying declaration recorded in the hospital. The court observed that the occurrence took place within the petitioner's own house and involved the burning of her daughter-in-law. Consequently, the court held that the petitioner, having committed a heinous offence, was not entitled to bail. The petition was dismissed based on the gravity of the offence and the incriminating material available against the accused at the pre-trial stage.
- Is an accused person entitled to bail when there is direct eye-witness testimony and a dying declaration implicating them in a murder?
- Does the commission of a heinous offence, such as burning a daughter-in-law, disentitle an accused from the concession of bail?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Mst. Razia Bibi petitioner stands accused of an offence under sections 302/109/34, P.P.C. Vide F.I.R.
No,320 of 2000 registered with Police Station Nishter Colony, Lahore, on 10-10-2000.
2. It has been alleged by the complainant who is an eye-witness of the occurrence that the petitioner was holding a match in her hand and subsequently Mst. Maryam deceased was set ablaze. The statement of Mst. Maryam was also recorded in the hospital. She too had accused the petitioner of setting her on fire. Admittedly, the occurrence took place in the house of the petitioner as deceased was her daughter-in-law being wife of co-accused Bhula her son. As the petitioner has committed a heinous offence of burning her daughter-in-law in her own house, I am not inclined to admit her to bail. This petition is, therefore, dismissed.