Ghulam Sarwar vs The State
This matter concerns a petition for post-arrest bail filed by the petitioner, Ghulam Sarwar, in connection with FIR No. 307 registered at Police Station Saddar Sadiqabad for offences under sections 324, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who was not named in the initial FIR and was alleged only to have acted as an abettor, was entitled to the concession of bail. The Court observed that the petitioner's name did not appear in the FIR and that he was not present at the scene of the occurrence. Relying on the principle established by the Supreme Court of Pakistan in Syed Amanullah Shah vs. The State, the Court held that the petitioner was entitled to bail. Consequently, the Court admitted the petitioner to post-arrest bail, subject to the furnishing of bail bonds in the amount of 50,000 rupees with one surety to the satisfaction of the trial court.
- Is an accused person entitled to post-arrest bail when they are not named in the FIR and are alleged only to have acted as an abettor?
- Does the absence of an accused person from the scene of the occurrence constitute a valid ground for the grant of bail?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
MUHAMMAD FARRUKH MAHMOOD, J.-Ghulam Sarwar petitioner has sought post-arrest bail in the case FIR No.307, registered at Police Station Saddar Sadiqabad on 30.8.2004, for offences under sections 324/148/149/109, PPC.
2. According. To FIR, the complainant and his brother Haji Javed were criminally assaulted by the accused, who were armed with different weapons. Both the above- noted persons received injuries at the hands of the accused. After registration of case supplementary statement of the complainant was recorded, wherein the petitioner was assigned the role of abettor.
3. I have heard the learned counsel for the parties and gone through the record. Admittedly, the name of the petitioner does not figure in the FIR, and he was not present at the time of occurrence.
As noted above, the allegation against the petitioner is that of abetment, In these circumstances, following the dictum laid down by the Honourable Supreme Court of Pakistan in the case of Syed Amanullah Shah vs. The State (PLD 1996 SC 241) I admit the petitioner to bail, subject to his tendering bail bonds in the sum of 50,000/- (Rupees fifty thousand only), with one surety in the like amount, to the satisfaction of the Trial Court.