HAKIM ALI alias SONO vs THE STATE
This matter concerns a bail application filed by the applicant, Hakim Ali alias Sono, who was arrested following an alleged police encounter involving dacoity. The core legal question before the Court was whether the applicant was entitled to the concession of post-arrest bail given the circumstances of his apprehension and the evidence collected. The Sindh High Court dismissed the bail application, holding that the applicant was not entitled to bail. The Court reasoned that the applicant was named in the First Information Report, apprehended at the scene of the crime, and found in possession of a pistol, while the robbed vehicle was also recovered from his presence. Furthermore, the Court noted that the prosecution witnesses had fully supported the case against the applicant. The key principle laid down is that where there are reasonable grounds for believing that an accused is involved in a serious offense, particularly when apprehended at the spot with incriminating evidence, the concession of bail should be denied, as the statutory threshold for believing the accused is guilty has been met.
- Is an accused entitled to bail when apprehended at the spot with incriminating evidence?
- Does the recovery of a robbed vehicle and a weapon from an accused constitute reasonable grounds to deny bail?
- Should bail be granted when prosecution witnesses support the allegations in the First Information Report?
ORDER
1. ' RAHMAT HUSSAIN JAFFERI, J.---On 18-7-2003 the complainant Inspector Karim Dino of Police Station, Kandhra received spy information that the robbed vehicle of Crime No.53 of 2003 would be passing near Sim Nali therefore the complainant along with his subordinate staff reached abandoned Kot at Sim Nali where at 9 p.m. They found 8/9 dacoits in the robbed vehicles. There was encounter between the dacoits sitting in the Vehicles and the police which continued for some tim4 . Thereafter some of the dacoits ran away. Two dacoits were arrested; one of them was the present applicant Hakim Ali alias Sono who was armed with pistol. The robbed Vehicle was secured. The Police brought the vehicle and the accused at the Police Station, where the F.I.R. Was lodged.
2. ' The applicant moved a bail application before the trial Court but the same was dismissed, hence this application.
3. ' Learned counsel for the applicant simply argued that the applicant has renamed in jail from July, 2003 and the Court is lying vacant. He has further stated that the applicant has been involved due to enmity. The learned A.A.-G. Opposed to the grant of bail on the ground that the applicant was apprehended at the spot and the robbed vehicle was secured from his possession.
4. I have given due consideration to the arguments and found that the name of the applicant is mentioned in the F.I.R. There was encounter between police and dacoits. Thereafter the robbed vehicle was secured. The applicant was sitting in the said vehicle. A pistol was also secured from his possession. All the P.Ws. Have fully supported the case as such there are reasonable grounds for believing that the applicant is involved in the case. Hence he is not entitled to the concession of bail. The bail application is dismissed.