MAJEED BAIG vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Majeed Baig, who is charged in an F.I.R. involving offences under sections 302, 324, 109, and 34 of the Pakistan Penal Code 1860. The prosecution alleges that the petitioner, along with co-accused, entered the complainant's house, engaged in firing, and caused the death of Muhammad Shabbir, while also injuring the complainant and the deceased's wife. The petitioner sought bail on grounds of alleged innocence, lack of recovery, and the absence of specific role attribution in the F.I.R. The court, however, noted that the petitioner was named in the F.I.R. with a specific role, and the injured witnesses corroborated the prosecution's case. The court held that the petitioner's case falls within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898, as there is sufficient prima facie evidence. Consequently, the bail application was dismissed, and the Trial Court was directed to expedite the trial proceedings.
- Does the naming of an accused in an F.I.R. with a specific role in a murder case, corroborated by injured witnesses, preclude the grant of post-arrest bail?
- Does a case involving offences under the prohibitory clause of section 497, Code of Criminal Procedure 1898, automatically disentitle an accused to bail when prima facie evidence exists?
- Can a court direct the Trial Court to accelerate trial proceedings when dismissing a bail application?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
1. ' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Seeks post-arrest bail in case F.I.R. No,161 of 2006 dated 6-7-2006 for the offences under sections 302/324/109/34, P.P.0 registered at Police Station Karianwala District Gujrat.
2. ' This case was registered by Ghulam Abbas son of Muhammad Shafi with regard to murder of his brother namely Muhammad Shabbir. According to prosecution case on the night falling between 5/6-7-2006 at about 2-00 a.m. Petitioner along with Akhtar Baig and three unknown persons while wearing uniform of Security Guards, climbed over the roof of the complainant's house and started giving beating to Muhammad Shabbir (deceased) when the complainant tried to intervene all the accused started tiring as a result of which Muhammad Shabbir received injuries and died at the spot. Statedly during the occurrence Mst. Shahida wife of Muhammad Shabbir also received injuries when she tried to intervene.
3. ' During the investigation petitioner was arrested on 20-8-2006. His application seeking post arrest bail was dismissed by Additional Sessions Judge, Gujrat vide order dated 6-6-2007.
4. ' Bail is sought on the ground that during the investigation nothing was recovered from petitioner and at one stage he was declared innocent by the Investigating Officer. F.I.R. Is absolutely silent with regard to any specific role of petitioner qua causing injuries to the deceased, petitioner is behind the bars since 20-8-2006 and there is no progress in the matter pending before the Trial Court. Learned counsel lastly argued that since the petitioner has been falsely involved in this case he is entitled to the concession of bail.
5. ' Conversely, learned counsel for complainant assisted by learned Law Officer vehemently opposed the bail application and submits that petitioner is specifically named in the F.1 It. With the role of causing fire-arm injury, the two prosecution witnesses namely Ghulam Abbas and Mst. Shahida also received injuries during the occurrence and their presence at the spot could not be doubted.
6. ' Learned counsel further submits that though according to report submitted by the Trial Court no prosecution witness has been examined so far but complainant party is ready to produce the witnesses whatever called upon.
7. Petitioner is named in the F.I.R. With specific role that at the relevant time he along with other co- accused while climbing over the roof of the house of complainant made firing as a result of which Muhammad Shabbir received injuries and died at the spot. During this occurrence Ghulam Abbas (complainant) and Mst. Shahida wife of deceased Muhammad Shabbir also received injuries and both of them while making statement before, the police have deposed against the petitioner.
8. Prima facie in the light of the statement of these witnesses case of the petitioner falls within the ambit of prohibitory clause of section 497(1), Cr.P.C. No ground for bail is made out. Dismissed.
9. Since the Trial Court has taken the cognizance in the matter, Trial Court is directed to accelerate the proceedings and conclude the trial within four months instead of six months as reported.