| Citation(s) |
|---|
| 2025 SLG 4647 2025 SLD 4647 = 2013 LHC 1576 |
Lahore High Court
Criminal Misc.No.3536-B/2013
PRESENT; (Aalia Neelum) JUDGE
09.07.2013 Mr. Naveed Aslam, Advocate for the petitioner in Crl.Misc.No.3536-B of 2013 and petitioner in person. Mr. Aamir Siddique Bajwa, Advocate for the petitioner in Crl.Misc.No.5442-B of 2013 and petitioner in person. Rao Abdul Qayyum Sajid, Advocate for the petitioner in Crl.Misc.No.6938-B of 2013 and petitioner in person. Mr. Muhammad Ikhlaq, DPG and Abdul Ghafoor ASI along with record for the State
Criminal Misc.No.3536-B/2013
PRESENT; (Aalia Neelum) JUDGE
09.07.2013 Mr. Naveed Aslam, Advocate for the petitioner in Crl.Misc.No.3536-B of 2013 and petitioner in person. Mr. Aamir Siddique Bajwa, Advocate for the petitioner in Crl.Misc.No.5442-B of 2013 and petitioner in person. Rao Abdul Qayyum Sajid, Advocate for the petitioner in Crl.Misc.No.6938-B of 2013 and petitioner in person. Mr. Muhammad Ikhlaq, DPG and Abdul Ghafoor ASI along with record for the State
Mst. Kanwal Bibi @ Ayesha Kanwal
VERSUS
The State etc.
Law: Code of Criminal Procedure (CrPC), 1898
Section: 420
CORE LEGAL POINTS
| No. | Legal Principle | Explanation |
|---|---|---|
| 1 | Bail in non-prohibitory offences is a rule | Under Tariq Bashir v. The State (PLD 1995 SC 34) — in cases not punishable with death, life, or 10 years’ imprisonment, bail should ordinarily be granted. |
| 2 | Documentary evidence limits tampering risk | Where prosecution evidence is documentary and already in IO’s possession, pre-trial custody serves no useful purpose. |
| 3 | Vicarious liability to be determined at trial | Accused who are alleged to have benefited indirectly from forged documents can be tried, but bail cannot be refused solely on this ground. |
| 4 | Humanitarian and Islamic principle for mothers of infants | A suckling child’s welfare overrides detention of the mother — based on Mst. Nusrat v. The State (1996 SCMR 973) and the Ghamidiyyah precedent from the life of Prophet Muhammad (PBUH). |
| 5 | Admission of guilt does not bar pre-arrest bail where humanitarian factors exist | Even if confession exists, court can consider child’s welfare and grant bail to the mother. |
📜 FACTS OF THE CASE
Complainant (Mst. Aliya Asad) was owner of House No. 668/A (5 marlas), Mauza Korey, Lahore, where she operated a stitching unit.
Before leaving for Canada, she entrusted the house and business to her manager Muhammad Nadeem (accused) for management.
About two months before lodging the FIR, she was informed that Nadeem had forged ownership documents and sold the house to Mst. Naseem Akhtar through intermediaries.