JAFAR ALI alias RAFIQUE vs STATE
This matter concerns two consolidated petitions for post-arrest bail filed by Jafar Ali alias Rafique and Mst. Khursheed Bibi, who were implicated in FIR No. 193 registered at Police Station Malka Hans, District Pakpattan Sharif, for offences under Sections 302, 324, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the nature of the allegations against them and their specific roles in the alleged crime. The Court held that the petitioners were entitled to bail, noting that Jafar Ali was not present at the scene and was only accused of abetment without any witness support, while Mst. Khursheed Bibi, a woman, was entitled to the benefit of the first proviso to Section 497 of the Code of Criminal Procedure 1898. The Court reasoned that the investigation was complete, the petitioners were parents of the main accused, and the case warranted further inquiry into their guilt. Consequently, the bail petitions were allowed, subject to the petitioners furnishing bail bonds.
- Does the absence of witnesses for an alleged abetment in an FIR constitute grounds for further inquiry regarding bail?
- Is a female accused entitled to the benefit of the first proviso to Section 497 of the Code of Criminal Procedure 1898 in a case involving non-bailable offences?
- Can the possibility of a complainant 'throwing the net wide' to implicate family members of the main accused be considered at the bail stage?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this consolidated order I propose to decide Criminal Miscellaneous No, 8017-B of 2004 filed by Jafar Ali alias Rafique petitioner and Criminal Miscellaneous No, 8018-B of 2004 preferred by Mst.
Khursheed Bibi petitioner together as both the above mentioned petitioners have sought post- arrest bail in the same criminal case, i,e, case FIR No, 193 registered at Police Station Malka Hans, District Pakpattan Sharif on 10.6.2004 for offences under Sections 302/324/148/149/109, PPC.
2. After hearing the learned counsel for the parties and going through the record it has straight- away been observed by me that admittedly. Jafar Ali alias Rafique petitioner was not present at the scene of the crime at the relevant time and he only stands saddled with the responsibility of providing behind the scene abetment to his co-accused. No witness of the alleged abetment had been mentioned in the FIR. As far as Mst. Khursheed Bibi petitioner is concerned she too had allegedly provided abetment to her co-accused and she had additionally been alleged to, be present at the spot during the alleged occurrence and had allegedly raised a lalkara, Both Jafar alias Rafique and Mst. Khursheed Bibi petitioners happen to be the parents of the main accused in this case and, thus, a possibility regarding throwing the net wide by the complainant party cannot safely be ruled out of consideration at this stage. Mst. Khursheed Bibi petitioner is a woman and, thus, the case against her attracts the provisions of the first proviso to subsection (1) of Section 497 Cr.P.C. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioners in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against both the petitioners calls for further inquiry into their guilt. Both the above mentioned petitions are, therefore, allowed and Jafar Ali alias Rafique and Mst. Khursheed Bibi petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.