June 11, 2024
Bilal Baseer
ISLAMABAD
The Supreme Court ruled that courts should consider the interests of women’s children when adjudicating their bail applications, as a division bench comprising Justice Muhammad Ali Mazhar and Justice AtharMinallah granted bail to a woman accused in a murder case while referencing Section 497 of the Code of Criminal Procedure (CrPC).
According to the FIR lodged on July 17, 2021, under various sections of the Pakistan Penal Code at Police Station B-Division Kasur, the complainant alleged that three unknown assailants entered her residence at around 2.50am and shot her son Irfan.
The accused woman was not initially named in the FIR but was later implicated through supplementary statements by the complainant.
During the hearing, the counsel for the petitioner argued that the accused woman, a mother of a two-year-old child was implicated without solid evidence and had not been mentioned in the original FIR. Counsel highlighted that several co-accused, including the alleged principal shooter NaveedSattar had already been granted bail by various courts.
The counsel for the complainant opposed the bail petition and claimed that the petitioner was the mastermind behind the conspiracy to murder her husband and should not be granted bail. The state counsel added that the petitioner had been in constant contact with the co-accused but acknowledged that other co-accused had been granted bail.
The court in its judgment emphasized that Section 497 of the Criminal Procedure Code allows for the release on bail of women among other categories even in serious offences. The court noted the necessity to protect children from the harsh environment of prisons which can expose them to criminality and poverty.
Referring to previous judgments, the court reiterated that bail was generally granted to women and denied only in exceptional circumstances. It noted that bail had been granted to the co-accused, suggesting that the petitioner should be treated similarly.
The court highlighted that the petitioner was implicated through multiple supplementary statements, and no substantial evidence had been produced at this stage to prove her role as the mastermind. The varied statements by the complainant and the granting of bail to other co-accused led the court to determine that there were no reasonable grounds to believe the petitioner was guilty as charged.
The Supreme Court converted the petition into an appeal and granted bail to the petitioner, subject to furnishing a surety worth Rs100,000. The court directed the trial court to expedite the proceedings without granting unnecessary adjournments.
It is pertinent to mention here that the judgment on bail for women could impact the Pakistan Tehreek-e-Insaf (PTI) women workers arrested after the May 9 incidents.
The court stated in a judgment that under Section 497 of the Criminal Procedure Code (Cr.PC), bail should generally be granted to women even in serious cases. This could help the four PTI women in custody.
The court noted the importance of considering the welfare of children and the negative effects of keeping women in prison. This could further support the case for bail for the PTI women.
The ruling also pointed out the need for ‘further inquiry’ in cases where there is doubt about the accused’s involvement. PTI women could argue that their involvement requires further investigation which make them eligible for bail.
The Supreme Court’s ruling cited various previous cases where bail had been granted under comparable conditions establishes a legal precedent that PTI women’s lawyers can utilise to strengthen their petitions.