ALI DINO alias KHAN SAHIB and another vs THE STATE
This matter arises from a bail application filed by applicants Ali Dino and Haji Misri, who are facing trial in Sessions Case No.146 of 2006 for offences under sections 302, 109, 120-B, 337-F(i) and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether reasonable grounds exist to connect the applicants to the alleged murder of one Sher Khan committed via electric shock while in police custody, particularly regarding allegations of instigation and criminal conspiracy. The Sindh High Court held that the allegations of conspiracy and instigation against the applicants require further inquiry, especially given that the primary physical acts of causing death were attributed to police officials and the remaining evidence against the applicants rested on delayed statements of prosecution witnesses. Consequently, the court granted post-arrest bail to the applicants subject to furnishing solvent surety. The key principle laid down is that where the primary involvement of an accused is alleged through conspiracy or instigation, and the evidence requires deeper appreciation at trial, the case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, warranting the grant of bail.
- Whether a case for further inquiry is made out when the primary allegations against an accused relate to instigation and conspiracy rather than the direct commission of the offence?
- Can bail be granted to an accused implicated through subsequent statements of prosecution witnesses recorded days after the lodging of the F.I.R.?
- Does the presence of admitted enmity between the parties preclude the grant of bail when the evidence of connivance requires evaluation at trial?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 120-B, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' MUSHIR ALAM, J.---Granted subject to all just exceptions.
2. Applicants Ali Dino and Haji Misri both facing trial in Crime No.15 of 2006, Sessions Case No.146 of 2006, for offence under sections 302, 109, 120-B, 337-F(i) and 34, P.P.C. Have applied for the bail.
2. ' Allegation against the applicants appears to be their presence at the concerned police station and talking to W.H.C. Saleem Raza and H.C. Dost Ali of Police Station Berani wherein Sher Khan was confined. The allegations are against Saleem Raza and Dost Ali of having caused death of Sher Khan by electric shock. Applicants are alleged to have instigated the commission of the crime. The F.I.R. Was lodged on 14-8-2006. It appears that further implication was made by P.Ws. Manthar and Ghulam Muhammad, who were also confined in the same cell along with deceased Sher Khan.
3. Their statements were recorded on 24-8-2006 showing the presence of present applicants speaking to the other co-accused police officials. It is stated by Syed Madad Ali Shah, Advocate that the allegation of conspiracy against the applicants needs to be examined through evidence.
4. Reliance was placed on Syed Amanullah Shah v. State (PLD 1996 SC 241).
5. ' Learned counsel for the complainant states that admitted enmity is there between the complainant and the applicants and their presence in the odd hours fortifies the allegations of their connivance and abetment.
6. ' Mr. Anwar Ansari, learned State counsel contends that beside the statements of P.Ws. Ghulam Muhammad and Manthar, no other evidence is yet collected against the present applicants. There are specific allegations of causing electric shock against W.H.C. Saleem Raza and H.C. Dost Ali of Berani Police Station.
7. ' Question as to whether the crime was instigated by the present applicants or otherwise, under the given circumstances, calls for further inquiry.
8. ' Under the circumstances, the applicants are admitted to bail however, subject to furnishing solvent surety in the sum of Rs.100,000 (Rupees one hundred thousand) each and PR bond in the like amount, to the satisfaction of learned trial Court.