MUHAMMAD AALIM vs THE STATE
This matter arises from a post-arrest bail application filed by the applicant Muhammad Aalim seeking release in a criminal case involving the recovery of a weapon. The core legal question is whether the applicant is entitled to post-arrest bail where the alleged offence falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, he has remained in custody for over a year without the conclusion of the trial, and he has already been granted bail in the main murder case. The Sindh High Court held that since the offence does not fall within the prohibitory clause and no special circumstances warrant the refusal of bail, the application should be granted. The key principle laid down is that where an offence is non-prohibitory and statutory delay in trial occurs while the accused remains in custody, coupled with the grant of bail in the substantive charge, bail ought to be granted in the ancillary recovery case.
- Whether an accused is entitled to bail when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does prolonged incarceration without conclusion of the trial constitute a valid ground for the grant of post-arrest bail?
- What is the effect of the grant of bail in a main murder case on an ancillary case regarding the recovery of a weapon?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' ALI SAIN DINO MAITLO, J.--- Heard Messrs Muhammad Ayaz Soomro, Advocate for the applicant and Mushtaque Ahmed Abbasi, the learned Assistant Advocate-General. The latter has no objection for the grant of bail.
2. ' The allegation against the applicant is that on 28-9-2004 he while being in custody in a murder case bearing F.I.R. No,13 of 2004 of Police Station Garhi Hassan, led to the discovery of a klashnikov, allegedly used in the murder case, from a heap of hay at an open threshing floor. The applicant has all along remained in custody and a period of more than one year has passed. The trial has not concluded. He has been admitted to bail by this Court in the murder case. The offence does not come within the prohibitory clause of section 497, Cr.P.C. And in the given circumstance of the case there are no special reasons for the refusal of bail. Accordingly, the application is allowed and the applicant is admitted to bail in the sum of Rs,50,000 with one surety and personal recognizance in the like amount to the satisfaction of the trial Court.
3. ' Bail application stands disposed of along with listed application.