NAWAB ALI alias NAWAB- vs THE STATE
The applicant sought post-arrest bail in a case registered for attempt to murder, pending trial before the Court of Special Judge (STA), Sukkur. The applicant contended that his case was identical to nine other co-accused persons who had already been acquitted in counter-cases between the parties. Although the State opposed the bail application on the ground that the applicant had remained a fugitive from law for two years, the applicant argued that his prolonged incarceration of thirteen months and the acquittal of his co-accused warranted his release. Upon reviewing the record and the judgment of acquittal, the Court found that the applicant’s case was indeed identical to those of the acquitted co-accused. The Court held that, in these specific circumstances, the applicant's prior absconsion did not constitute an absolute bar to the grant of bail. Consequently, the Court admitted the applicant to bail, subject to the furnishing of a solvent surety and a personal recognizance bond to the satisfaction of the trial court.
- Does the absconsion of an accused for two years automatically bar the grant of bail?
- Is an accused entitled to bail if their case is identical to that of co-accused who have already been acquitted?
ORDER
1. Applicant seeks bail in a case of attempt to murder (F.I.R. No,27 of 1999 Police Station, Bagarji), pending trial before the Court of Special Judge (STA), Sukkur.
2. The contentions are that there are counter cases between the parties and the accused in both' the cases have been acquitted. As far as the present applicant it is contended that he is in jail custody since last 13 months and his case is identical to those nine accused persons who have been acquitted. The only adverse factor is his absconsion for two years which in view of the judgment of acquittal passed on 17-7-2002 by the trial Court of learned IIIrd Additional Sessions Judge Sukkur would not stand in his way as far as the applicant's release on bail is concerned.
3. Learned A.A.-G. opposed the plea of bail on the ground, that the accused was fugitive from law for two years.
4. Upon perusal of the relevant record including the judgment of acquittal we, find that the case of the applicant is identical to case of accused who have been acquitted on similar charge.
5. Applicant's absconsion only, in the given circumstances of the case would not be treated as a bar to his release on bail. The applicant is therefore, granted bail subject to his furnishing a solvent surety in the sum of Rs,2,00,000 & PR bond in the like amount to the satisfaction of trial Court.