Mst. ISHRAT BIBI vs State Ss — 2024 SCMR 1528 SUPREME-COURT

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Mst. ISHRAT BIBI VS State Ss.497(1), first proviso & 497(2)---Penal Code (XLV of 1860), Ss. 302, 34, 118, 120-B, 109 & 506---Murderous assault, conspiracy to commit murder---Bail, grant of---Female accused with suckling children---Further inquiry, case of---Rule of consistency, applicability of---FIR was lodged against some unknown persons, without even disclosing their identity or features---From time to time the complainant recorded her supplementary statements to implicate different accused persons---Present petitioner (female accused) was implicated vide a supplementary statement---Three further supplementary statements were also recorded by the complainant, and in the last supplementary statement, she implicated an accused who was attributed the role of making fire on the right leg below the abdomen of the deceased, but he was granted bail by the Supreme Court---Even in view of such supplementary statements, nothing was produced at present stage to show that the petitioner was mastermind of the murder---Record showed that except the petitioner, all other co-accused persons had been granted bail either by the Trial Court or the Supreme Court---All the accused persons who were part of the criminal conspiracy, including the main accused who fired upon the deceased, had been granted bail, therefore at present stage, there appeared no reasonable grounds for believing that the petitioner was guilty for the offence jotted down in the FIR---Petitioner had not only made out a case of further inquiry but she was also entitled to be enlarged on bail in view of the rule of consistency coupled with the benefit of the first proviso to Section 497(1), Cr.P.C.---Petition was converted into an appeal and allowed, and the petitioner was enlarged on bail. Citation Name: 2024 SCMR 1528 SUPREME-COURTBookmark this Case Mst. ISHRAT BIBI VS State S. 497(1), first proviso---Bail---Female accused with children---Often many women implicated in cognizable offenses are found poverty-stricken and illiterate and in some cases, they have to take care of children, including suckling children---There are also many examples where the children are to live in prisons with the mothers---This ground reality is also ought to be considered which would not only involve the interest of such accused women, but also the children who are not supposed to be exposed to prisons, where there shall always be a severe risk and peril of inheriting not only poverty but also criminality, during the incarceration of their mother---The first proviso to section 497(1), Cr.P.C. facilitates the Court to conditionally release on bail an accused if he is under the age of 16 years or is a woman or is sick or infirm under the doctrine of welfare legislation, reinforced by way of the said proviso which requires a purposive interpretation for extending the benefit of bail to the taxonomy of persons mentioned in it, and the same is to be taken into consideration constructively and auspiciously depending upon the set of circumstances in each case, among other factors, including the satisfaction of the Court that the bail petitioner does not have any criminal record or is not a habitual offender. Citation Name: 2024 SCMR 1528 SUPREME-COURTBookmark this Case Mst. ISHRAT BIBI VS State S. 497---Bail---Rule of consistency---Doctrine of parity---Scope---Rule of consistency, or in other words, the doctrine of parity in criminal cases, including bail matters, recapitulates that where the role ascribed to the accused is one and the same as that of the co-accused, then the benefit extended to the co-accused should be extended to the accused also, on the principle that like cases should be treated alike, but after accurate evaluation and assessment of the co-offenders' role in the commission of the alleged offence---While applying the doctrine of parity in bail matters, the Court is obligated to concentrate on the constituents of the role assigned to the accused and then decide whether a case for the grant of bail on the standard of parity or rule of consistency is made out or not.

Mst. ISHRAT BIBI vs State Ss — 2024 SCMR 1528 SUPREME-COURT

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