TAJ MUHAMMAD vs STATE
This is a petition for post-arrest bail filed under Section 497 of the Code of Criminal Procedure 1898, arising from a case registered under Sections 302, 324, 353, 216, 148, and 149 of the Pakistan Penal Code 1860, and Sections 13, 20, and 65 of the Arms Ordinance 1965. The core legal question was whether the petitioner was entitled to bail despite allegations of criminal involvement, given that he had been declared innocent by police investigators and a co-accused in a similar position had already been granted bail. The Court held that the petitioner should be released on bail. The ratio of the decision rests on the fact that the petitioner had been incarcerated for over two and a half years without the submission of a final challan under Section 173 of the Code of Criminal Procedure 1898, and that he was similarly situated to a co-accused who had previously been granted bail. The Court established the principle that prior criminal involvement, absent specific convictions for murderous assault or dacoity, does not automatically disqualify an accused from bail.
- Does the mere involvement of an accused in other criminal cases constitute sufficient grounds for the refusal of bail?
- Is an accused entitled to bail when they have been declared innocent by the police during investigation?
- Can an accused be granted bail on the principle of parity when a co-accused in the same position has already been granted bail?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 216, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 13, Arms Ordinance 1965
- Section 20, Arms Ordinance 1965
- Section 65, Arms Ordinance 1965
- Section 173, Code of Criminal Procedure 1898
ORDER
Through this petition under Section 497 Cr.P.C. the petitioner seeks bail after arrest in case FIR No, 69 dated 5.4.2001 registered under Sections 302/324/353/216/148/149 PPC read Sections 13-20-65 of Arms Ordinance, at Police Station Sahooka District Vehari.
2. Briefly the facts as per the FIR are that in order to arrest the proclaimed offenders namely Murtaza, Farman, Mumtaz, Taj alias Tajji and Saeed a police party headed by Jameel Hussain, S.I. consisting of number of police officials while armed with rifles went at about 5.45 p.m. to Basti Jhandaywali and encircled the same. The accused who were proclaimed offenders tried to run away from the house of Mansha Sheikh which effort was failed and on wireless further police official were summoned. The accused started firing and due to the firing of the accused Muhammad Nadeem, and Muhammad Aslam constables died while Rizwan Yousaf Inspector received fire arm injury on his right arm and Muhammad Anwar and Imtiaz Constables also received the injuries.
3. Learned counsel for the petitioner contends that the petitioner was found innocent by the SHO and the DSP as well and co-accused Saeed who was also declared innocent by the police has already been granted bail by this Court while accepting Crl. Misc. No, 597-B-2002 and that the case of the petitioner is at par with the case of the co-accused Saeed. Further contends that the petitioner is behind the bars since 3.12.2001 whereas the challan has not been submitted by the police so far.
4. On the other hand, learned state counsel opposes this application on the ground that the petitioner is involved in 15 other criminal cases and is criminal bent of mind. It is next contended that the petitioner remained proclaimed offender and is not entitled to grant of bail.
5. I have heard the learned counsel for the parties and also perused the record. The petitioner was arrested on 3.12.2001 but up till now final report u/S. 173 Cr.P.C. has not been submitted by the police and that the petitioner is behind the bars for the last about (2/1) years. Even otherwise the petitioner has been declared innocent by the SHO and the DSP case of the petitioner is at par with the case of Saeed co-accused who has already been granted bail by this Court on the ground that he was declared innocent by the police while accepting Crl. Misc. No, 597-B-2002 on 18.4.2002.
Moreover, involvement of the petitioner in number of cases is not ground for refusal of the bail as the petitioner is not involved in the cases of murderous assault or dacoity cases. Hence, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two lac) with two sureties each in the like amount to the satisfaction of learned Illaqa/Judicial Magistrate.