Pakistan Case Law
2005 YLR 1280

JAVED AKHTAR vs THE STATE

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Citation2005 YLR 1280
CourtSindh High Court
Case No.Crl. Bail Application No,764 of 2004
Date2004-08-31
Judge(s)Azizullah M. Memon
ResultBail allowed
Summary

This is a bail application before the Sindh High Court in the matter of Javed Akhtar versus The State (2005 YLR 1280). The core legal question concerns whether the applicant is entitled to post-arrest bail in light of the incriminating material and identification evidence available on record. The court examined the deposition of the complainant, who stated that an exchange of firing occurred between culprits and police, and explicitly deposed that he could not identify the accused persons present in court because their faces were muffled or covered with helmets during the incident. Upon evaluating these circumstances, the court held that the applicant has made out a case for grant of bail. The key principle laid down is that where the primary eye-witness or complainant fails to identify the accused during the incident due to covered faces and expresses inability to identify them in court, further inquiry into the guilt of the accused is made out under section 497(2) of the Code of Criminal Procedure, entitling the accused to post-arrest bail.

Questions settled in this judgment
  • Is an accused entitled to bail when the complainant fails to identify him during the trial?
  • Whether the inability of a key witness to identify the culprits creates a case for further inquiry under criminal law?
Laws & provisions referred
  • Section 497, Code of Criminal Procedure 1898
post-arrest bailidentification paradecriminal procedurebenefit of doubtfiring incident

ORDER

1. ' Heard learned counsel for the parties. Applicant's counsel has referred to the certified copy of the deposition of P.Ws. Asif (complainant of the case) who deposed to the effect that exchange of firing took place in between the culprits of the incident of this case on the one hand, and the police officials on the other, whereafter police officials caught hold of one of the culprits, "they put him in the mobile vehicle and told me that he is my accused. Out of four persons 3 were in helmet and one was opened faced". He further specifically deposed, "I cannot identify the accused persons present in Court because when the incident took place they had muffled their faces with helmet.

2. ' Under such circumstances, the applicant is hereby admitted to bail provided that he shall furnish two sureties each in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.

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