ANWAR RAZA alias MANNA H vs THE STATE
This matter comes before the High Court of Sindh through a post-arrest bail application filed on behalf of Anwar Raza alias Manna, who was implicated in a criminal case registered regarding the murder of Moulana Saeed. The core legal question concerns whether the applicant is entitled to post-arrest bail when he is not named in the First Information Report, no crime weapon or fatal shot is attributed to him, and the co-accused's confessional statement does not implicate him. The court held that since there is no eyewitness naming the applicant, no recovery of the weapon from him, and the case falls within the scope of further inquiry under the relevant statutory provisions, the bail application should be granted. The key principle laid down is that where tentative assessment reveals a lack of direct incriminating evidence connecting an un-named accused to the fatal act, the case warrants further inquiry, making the accused a fit case for bail.
- Is an accused entitled to bail when not named in the FIR and no fatal shot is attributed to him?
- Does the absence of recovery of the crime weapon from the accused warrant further inquiry for the purpose of bail?
- Can the confession of a co-accused be used to deny bail when it does not implicate the applicant?
- Section 109, Pakistan Penal Code
ORDER
' SALMAN ANSARI, J.-This bail application has been moved on behalf of the accused Anwar Raza who has been implicated in the case where on 14-4-2008 one Moulvi Zubair Ahmed lodged F.I.R, stating that Moulana Saeed who was Nazim and teacher of Madrassa Arbia Jamia * Branch Jamia Binori Town City was on his way to the Madrassa on motorcycle to perform Fijr prayer when on 14- 4-2008 at 0515 hours near Pir Mehfooz Road, three unknown persons tried to stop him but on his not stopping his motorcycle they opened fire as a result of injuries he died. The applicant/accused was arrested along with his companion on 23-4-2008 during patrolling duty of police station Saudabad. Subsequently, one of the accused Muhammad Hanif confessed before the Magistrate implicating the applicant in the offence. Learned IInd Additional Sessions Judge Malir Karachi rejected the bail application of the applicant vide his order dated 11-9-2008, hence this bail application.
2. It is contended by the learned counsel for applicant that no culprit has been named in the F.I.R, and crime weapon was not recovered from the applicant. The confession before the police allegedly made by the applicant would be of no evidentiary value and co-accused Hanif Baloch had admitted to have committed the murder with licensed pistol given by one Jibran who has been challaned under section 109, P.P.C. The confession of co-accused can not be used against the applicant as one bullet was fired and the weapon can not be attributed to the applicant, therefore under the circumstances the case requires further inquiry.
3. Learned State counsel has argued that crime weapon has matched with the empty recovered from the spot, accused Hanif has fully implicated the applicant in commission of crime where an innocent person has been murdered. Learned State counsel has further contended that the applicant is a dangerous person and they are habitual in committing the dacoity and murder, there is sufficient evidence against the applicant, hence this bail application be rejected.
4. Having heard the arguments of the learned counsel for applicant and the State.
5. In this case there is no eye witness who has named or identified the applicant, the co-accused Hanif Baloch has not named the applicant in his confession, i.e, as shown in the Copy of the confessional statement with the State counsel, the applicant has not been named in the F.I.R, and his confession to the police is of no evidentiary value, the fatal shot has not been attributed to the applicant, the crime weapon has not been recovered from the applicant, under such circumstances the case against the applicant requires further inquiry, hence the bail application is allowed, the applicant/accused Anwar Raza alias Mannah be released on bail on his furnishing surety for the amount of Rs,200,000 (Rs, Two Lacs) to the satisfaction of the learned trial Court.