OMAR DARAZ vs THE STATE
This petition for leave to appeal is directed against the judgment of the Lahore High Court dismissing the petitioner's application for post-arrest bail in a criminal case registered under sections 452, 302, and 34 of the Pakistan Penal Code 1860. The core legal question concerns the propriety of declining post-arrest bail where the accused was attributed the specific role of chasing the deceased and holding him in his clasp to facilitate fatal injuries by co-accused, and where a plea of alibi was raised. The Supreme Court held that the High Court's discretionary order refusing bail was well-reasoned, free from legal infirmity, and based on sound judicial principles for the safe administration of criminal justice. The petition was accordingly dismissed, affirming that pleas based merely on preliminary inquiries cannot displace specific role attribution at the bail stage.
- Whether post-arrest bail can be granted when the accused is specifically attributed the role of catching and holding the deceased to facilitate fatal injuries by co-accused?
- Can a plea of alibi based on open and secret inquiries be accepted at the bail stage to displace specific allegations in the First Information Report?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' MUNIR A. SHEIKH. J.---This petition is directed against thejudgment. Dated 26-3-2003 of the Lahore High Court whereby application filed by the petitioner for grant of post-arrest bail in case F.I.R.
No,955 of 2002 registered at Police Station, Saddar. Faisalabad under sections 452/302/34, P.P.C.
Has been dismissed.
2. The role attributed to the petitioner in the F.I.R. Was that lie hadchased the deceased and taken him into his clasp, as such, facilitatedcausing of major injuries by the other accused. The plea of alibi raisedby him according to the findings of the High Court was found to be merely based on open and secret inquiries as such was not to be accepted at that stage.
3. The well-reasoned discretionary order passed by the High Court in the matter of post-arrest bail does not suffer from any legal infirmity as the same is based on sound judicial principles laid down by the superior Courts for safe administration of criminal justice.
4. For the foregoing reasons, this petition is dismissed and .
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