KHAN MUHAMMAD alias KHANO vs THE STATE
The applicant, Khan Muhammad alias Khano, sought post-arrest bail in a case registered under sections 324, 353, and 34 of the Pakistan Penal Code 1860, arising from F.I.R. No. 119 of 2004 at Police Station Gadap Malir, Karachi. The prosecution alleged that the applicant and his accomplices engaged in an armed encounter with police who responded to a report of dacoits firing in a village. The police apprehended the applicant and another co-accused on the spot, recovering weapons and illicit items. The core legal question was whether the applicant was entitled to post-arrest bail given the circumstances of his apprehension at the crime scene. The Sindh High Court held that sufficient prima facie material existed to connect the applicant with the alleged offense and that his case fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court dismissed the bail application, establishing that spot apprehension alongside co-accused during an armed gang attack involving recoveries constitutes sufficient grounds to deny post-arrest bail.
- Whether an accused apprehended on the spot during an armed police encounter is entitled to post-arrest bail?
- Does the recovery of weapons and participation in a gang attack bring a case within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is sufficient prima facie material available when an accused is arrested in the presence of independent witnesses during a crime?
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' ZIA PERWEZ, J.--- Applicant Khan Muhammad alias Khano is facing trial for an offence under sections 324, 353, 34, P.P.C. Registered under F.I.R. No,119 of 2004 of Police Station Gadap Malir, Karachi, seeks bail.
2. Brief facts of the prosecution case are that the complainant along with other police personnel received spy information on wireless during patrolling, that Rasheed Dacoit along with his companions, entered into Dur Muhammad Village and are making firing. The complainant along with other police officials reached at Dur Muhammad Village at 0215 hours, where the dacoits started firing on the police. The police also made firing in self-defence and succeeded to apprehend two accused persons, who disclosed their names Noor Muhammad and Khan Muhammad alias Khano, from whose possession one kalashnikov along with empty magazine and one unlicensed pistol were recovered. The police also recovered one kalashnikov along with 8 bullets, four gallons of Katchi liquor. The accused persons disclosed the names of their accomplices who escaped as Shahid, Imran and four unknown persons.
3. Heard learned counsel and perused the record. Contention of learned counsel for the applicant is that the applicant was arrested without any involvement. There is no eye-witness and no recovery has been effected from his possession and no specific role has been assigned to him.
4. The application is opposed by the State Counsel on the ground that the applicant was apprehended on the spot at the time when the dacoits attacked at the village. He is member of the gang.
5. The applicant was arrested from the deserted location at a time when the dacoits attacked in shape of a gang. He has been arrested in presence of independent witnesses of the locality. He was with another member of the gang who received bullet injuries and died on the spot. There is sufficient prima facie material available on record to connect the applicant with commission of alleged offence. No ground attracting prohibitory clause of section 497, Cr.P.C. Is made out.
6. Under the circumstances, this bail application is dismissed.