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The Benefit of Doubt can be extended even at the Bail Stage --- Lahore High Court, Lahore

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The Benefit of Doubt can be extended even at the Bail Stage --- Lahore High Court, Lahore

Islamabad 12-09-2024: In a significant ruling, the Lahore High Court has granted post-arrest bail to Bilqees Bibi, accused in a triple murder case under FIR No. 1508, registered at Police Station Dhully, District Gujranwala. The Court, presided over by Mr. Justice Muhammad Tariq Nadeem, allowed the bail petition on the grounds of insufficient evidence and further inquiry into her role in the incident.

The petitioner, Bilqees Bibi, was charged under Sections 302, 148, 149, 109, and 311 of the Pakistan Penal Code (PPC), following the deaths of Naseem Akhtar, Zaigham Abbas, and Laiba Bibi. The incident stemmed from a family dispute over a love marriage involving one of the victims. The prosecution alleged that Bilqees Bibi, along with other accused, incited the murders by raising a “lalkara” (verbal command) during the attack.

The defense, represented by Hafiz Syed Fahad Iftikhar, argued that the petitioner’s involvement was limited to verbal incitement and that no direct role in the killings or use of weapons was attributed to her. The defense maintained that Bilqees Bibi, a 50-year-old woman, had been falsely implicated in the case to widen the net of those accused.

The prosecution, on the other hand, opposed the bail, contending that Bilqees Bibi played an active role in the crime by hurling a lalkara that encouraged her co-accused to carry out the murders. They argued that given the heinous nature of the crime, she was not entitled to bail.

After reviewing the evidence, the Court noted that the petitioner was unarmed at the time of the incident, and there was no indication that she directly facilitated the crime. The Court pointed out that the role of raising a lalkara, without further involvement, did not establish strong grounds for her continued incarceration.

Mr. Justice Muhammad Tariq Nadeem relied on multiple rulings from the Supreme Court of Pakistan, including Resham Khan Vs. The State (2021 SCMR 2011), which established that the benefit of doubt can be extended even at the bail stage. The Court also invoked Section 497(2) Cr.P.C., which allows for bail in cases requiring further inquiry, stating that the evidence against the petitioner was not strong enough to justify her continued detention.

Other significant rulings cited in the judgment include:

Nasir Khan Vs. Waseel Gul (PLJ 2009 SC 957), where it was ruled that the heinous nature of an offense alone is insufficient to deny bail if the case otherwise merits release.

Malik Waheed Vs. The State (2011 SCMR 1945), which warned against the common practice of implicating entire families in serious crimes without proper evidence.

The Court concluded that the petitioner’s case fell within the ambit of further inquiry, and her continued incarceration was not warranted. The judgment emphasized that liberty is a fundamental right that cannot be curtailed based on bald allegations. Consequently, Bilqees Bibi was granted bail upon furnishing bail bonds worth Rs. 500,000 with two sureties to the satisfaction of the trial Court.

The Court’s decision is expected to have a significant impact on future bail cases, especially where the accused’s involvement is primarily verbal or indirect.

The Court clarified that its observations were tentative and would not affect the final outcome of the trial.