RIAZ ALI vs THE STATE
This petition for leave to appeal is directed against the order of the High Court of Sindh dismissing the petitioner's application for pre-arrest bail in a case registered under section 302 of the Pakistan Penal Code 1860 for the murder of a fourteen-year-old girl. The core legal question was whether the petitioner made out a case for pre-arrest bail based on affidavits of exoneration produced for the first time before the Supreme Court and contentions of false implication due to enmity. The Supreme Court held that affidavits neither filed nor considered before the courts below could not be taken into consideration at this stage, and noting that the petitioner was specifically nominated in the promptly lodged F.I.R. with a specific role, the petition was dismissed. The key principle laid down is that fresh evidentiary material not presented before the lower courts cannot be considered for the first time in support of pre-arrest bail before the apex court, and that different considerations apply to pre-arrest bail compared to post-arrest bail.
- Can affidavits of exoneration filed for the first time before the Supreme Court be considered in support of a pre-arrest bail petition?
- What are the implications of a prompt F.I.R. containing a specific role attributed to the accused in a pre-arrest bail matter?
- Section 302, Pakistan Penal Code 1860
' MUHAMMAD MOOSA K. LEGHARI, J.--- This petition, for leave to appeal, is directed against the order, dated 18-1-2008 passed by the High Court of Sindh, Circuit Bench, Hyderabad in Criminal Bail Application No,S-543 of 2007 whereby petitioner's application for pre-arrest bail was dismissed.
The petitioner is involved in a case Crime No,61 of 2007 Police Station, Sehwan registered on 5-9- 2007 under section 302, P.P.C. On the complaint of Khamiso Khan thereby accusing the petitioner of causing murder of his daughter Bakhtawar aged about 14/15 years.
2. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the case on account of enmity as apparent from the affidavits of the prosecution witnesses and the people of the locality whereby the petitioner has been exonerated.
3. On considering the arguments addressed by learned counsel for the petitioner, we find that the same are without force. Admittedly, the affidavits placed on record were neither filed before the Court of Sessions nor High Court and were not considered by the Courts below. Such affidavits have been filed in the first instance before this Court, hence for this very reason those could not be taken into consideration at this stage. So far as merits are concerned, the name of the petitioner transpires in the promptly lodged F.I.R. With a specific role. He has been implicated by P.W. Ashraf Khatoon mother of deceased. It may further be observed that considerations for grant of pre- arrest bail are quite different from those of bail after arrest. For above reasons the petitioner has not been able to make out a case for pre-arrest bail. In the circumstances the petition is dismissed and .
Cited by 4 cases
- Muhammad Mansoor Awan, Danish Raza vs The State 2025 SHC SUK 2030, 2025 SHC SUK 2031
- Muhammad Mansoor Awan Versus State 2026 YLR 212
- Haji MUHAMMAD ALI KHAN and 3 others vs THE STATE 2010 P Cr. L J 310
- ADNAN HUSSAIN vs THE STATE 2009 YLR 867