RUKHSANA BIBI vs State S — 2022 PCrLJ 1806 ISLAMABAD

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RUKHSANA BIBI VS State S. 498---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Pre-arrest bail, grant of---Scope---Prosecution case was that the accused committed murder of the brother of complainant---Record revealed that the accused-petitioner was an accused of hatching conspiracy for committing murder of the deceased---First Information Report as well as the statements recorded under S. 161 Cr.P.C. were short of details of such conspiracy/abetment as to its time and place besides names of the persons who heard about such conspiracy---Prosecution case was not that the accused-petitioner had even remote role in the commission of the alleged offence---Stance of the prosecution that accused-petitioner had been in contact with her husband and son at the relevant time could not be termed to be an incriminating circumstance as it would not lend support that she was planning any conspiracy through the said conversations, until and unless the same was surfaced---Transcript of the conversation inter se co-accused, son and husband of the accused-petitioner did not reveal anything about the details of the conspiracy---Accusation, or for that matter doubt, how firm it might be, in the estimation of the Court could not be termed or even looked into as an incriminating material, on the basis of which any legitimate inference with regard to the involvement of the accused-petitioner in the commission of the alleged offence could be drawn---Disclosure of the co-accused before the police during the course of investigation without mentioning details of the occurrence and non-collection of any evidence pursuant to the said disclosure could not be equated with legitimate incriminating material, particularly, when the stated motive based on earlier criminal litigation was culminated into compromise between the parties and the investigation verified that it had no connection with the commission of the present occurrence---Having examined the case, on tentative assessment of the material placed on record, it was concluded that accused-petitioner had succeeded to make out a case for exercise of extra ordinary discretion of pre-arrest bail---Criminal miscellaneous was allowed and ad-interim pre-arrest bail already granted to the accused-petitioner was confirmed, in circumstances.

RUKHSANA BIBI vs State S — 2022 PCrLJ 1806 ISLAMABAD

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