Bail refused as LHC flags woman as public threat

Judge cites 'horrible and atrocious' nature of offence

LAHORE:

The Lahore High Court (LHC) has refused bail to a woman accused of killing a man by first throwing red chilli powder into his eyes and then setting him ablaze after dousing him with petrol, observing that releasing a "hardened, desperate or dangerous criminal" on bail could pose a grave threat to society.

"On perusal of file ground disappears from under one's feet. Mode and manner of the occurrence adopted by petitioner and her companions was horrible and atrocious, which was suggestive of the fact that she was a hardened, desperate or dangerous criminal," observed Justice Tanveer Ahmad Sheikh of the LHC in his order.

"The circumstances of the case were presenting a dreadful picture. The story of the occurrence was creating panic and atmosphere of fear in the mind of a prudent person," the judge further remarked.

The accused, Aqsa Noureen alias Asima Bibi, was named in a cross-version case filed by Muhammad Khursheed during the investigation of an FIR lodged at Police Station Madina Town, Faisalabad.

The FIR, initially filed by Noureen herself under Sections 452 and 354 of the Pakistan Penal Code (PPC), alleged trespass and assault. She later sought post-arrest bail on statutory grounds.

In the cross-version, Khursheed claimed that his brother, Shoukat Ali, had been selling bed sheets on a bicycle for over two decades. On March 26, 2024, while passing through Mohallah Rasool Park in Madina Town, Faisalabad, Ali was invited by the accused woman into her house under the pretext of taking measurements for bed sheets.

Inside, two unidentified men were already present. They allegedly demanded Ali's bed sheets and cash. When he resisted, Noureen allegedly threw red chilli powder into his eyes, after which petrol was poured on him and he was set on fire. Ali suffered burns over 50 per cent of his body and later died. The accused also allegedly robbed him of bed sheets and Rs80,000 in cash.

The accused woman's counsel argued that Noureen was, in fact, the complainant in the original FIR, in which the deceased Shoukat Ali was accused of trespassing into her house, manhandling her, and attempting to gratify his lust. The petitioner had raised a hue and cry, forcing Ali to flee.

Her counsel maintained that since both parties had filed cross-versions, the truth of either version could only be determined after inquiry.

He further contended that Noureen was entitled to bail on statutory grounds: being a female accused whose trial had not concluded within a year of her arrest on April 2, 2024, she had earned a "valuable right" to bail, especially since the delay in proceedings was not her fault.

The delay in trial proceedings, her counsel submitted, was not attributable to her, giving her the right to bail.