GHULAM RASOOL vs STATE
This bail application arises from Crime No. 24 of 1995 registered at Police Station Abdul Rehman Unar concerning an incident involving armed attack, firing, and arson allegedly committed by numerous individuals and dacoits. The core legal question is whether the applicant, who was charged merely with abetment and acting as a supervisor to the dacoits based on general allegations at the end of the FIR, is entitled to post-arrest bail pending trial. The court held that until the specific allegations of abetment are formally proved during trial, keeping the accused behind bars on the basis of mere allegations would not be proper. Consequently, the court granted post-arrest bail to the applicant subject to furnishing security. The key principle laid down is that an accused charged with abetment on general allegations without immediate proof should not be incarcerated indefinitely prior to the conclusion of the trial.
- Whether an accused charged with abetment on general allegations in an FIR is entitled to post-arrest bail?
- Should an accused remain behind bars on mere allegations of supervising dacoits before proof is established?
ORDER
1. This bail application has been filed in connection with Crime No, 24/1995 registered at P.S. Abdul Rehman Unar. The incident seems to have occurred on 1.7.1995 and the FIR was registered on 2.7.1995. Apparently according to the complainant there was some difference of opinion between him and his family and the Narejas. According to him threats were being received from the dacoits GUloo Government Narejo, Rasoolo Narejo and Sadhoo Narejo. These threats were being issued at it was stated that the complainant was becoming a Mukhbar. On the day of incident complainant alongwith his sons were chitchatting in their house when they saw 19 persons who they identified and five unknown persons. All of them were armed with rifles and guns and thereafter Guloo Government Narejo gave hakal with the result that accused Rasool Narejo fired with the intention.to kill. Others also joined and the house of the complainant was alsd set on fire whereafter all the person went away.
2. The FIR that has been registered by the complainant shows at the end that the dacoits took the necessary action on the instructions of Ali Hassan s/o Misri Narejo, Ghulam Rasool s/o Aachar Nafejo and Malho s/o Kabil Narejo and constable Imdad Buriro s/o unknown. Besides charging the other persons who have been mentioned specifically in the FIR with murder, the complainant has also charged the above named four persons on the ground of abetment and claimed that they are supervisors of the dacoits.
3. This is the only accusation made against the present applicant. Till as such time that specific allegation is proved against the present applicant it would not be proper for him to be behind bars on a mere allegation. Accordingly bail is granted in the sum of Rs, 100,000/- and PR bond in the like