Bilqees Bibi vs State S — 2024 YLR 2461 LAHORE-HIGH-COURT-LAHORE

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Bilqees Bibi VS State S. 497---Penal Code (XLV of 1898), Ss. 302, 311, 109, 148 & 149---Murderous assault---Bail, grant of---Further inquiry---Accused was charged that she along with her accused committed murder of three persons of complainant party---Record showed that the petitioner had been saddled with the responsibility of raising a joint lalkara directing her co-accused to kill the complainant party and thereafter co-accused of the petitioner made straight firing upon complainant party, causing death of three persons---Tentative assessment of evidence is to be made while deciding a bail application and deeper appreciation of evidence is not permissible nor desirable but the benefit of doubt can be extended in favour of accused even at bail stage---It was not discernable from the perusal of the FIR and evidentiary material collected by the police that co-accused of the petitioner needed any command of the petitioner to actuate their intention of causing death of three persons---Moreover, it was not the case of prosecution that the petitioner facilitated her co-accused in any manner at the time of occurrence---Such type of allegation was very easy to level but very difficult to prove---Culpability of petitioner in the commission of crime wouldbe best determined by the trial Court after recording and evaluating the evidence---According to the prosecution story the petitioner was empty handed and did not make any attempt to cause any injury to the deceased, thus, her role became distinguishable from those who had caused injuries to the deceased---Petitioner and her co-accused were related to each other and in that milieu spreading the net wide by the complainant party so as to falsely implicate the petitioner in the present criminal case appeared to be a possibility which could not safely be ruled out of the consideration at bail stage---Bail could not be withheld as punishment when case of the accused squarely fell within the ambit of further inquiry---Petitioner was a fragile person aged about 50 years who was behind the bars since 04.12.2023---Investigation was already complete and she was no more required by the police for the purpose of investigation---Further incarceration of the petitioner would not be lucrative to the prosecution---Moreover, liberty of a person is a precious right, which cannot be taken away unless there are exceptional grounds to do so---Merely on the basis of bald allegations, the liberty of a person cannot be curtailed---Petition was accepted and the petitioner was allowed post-arrest bail.

Bilqees Bibi vs State S — 2024 YLR 2461 LAHORE-HIGH-COURT-LAHORE

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