ATIQ-UR-REHMAN vs THE STATE and another
This is a criminal petition filed by Atiq-ur-Rehman seeking post-arrest bail in F.I.R. No. 542 registered under Section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with Section 411 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner is entitled to bail given the incriminating evidence connecting him to the brutal murder and robbery of a taxi driver. The Peshawar High Court dismissed the bail petition, holding that reasonable grounds exist to connect the petitioner with the offense, particularly because a .30 bore pistol was recovered from his possession and matched with an empty shell found at the crime scene according to the Forensic Science Laboratory report. The key principle laid down is that where ballistic reports and recovery of weapon prima facie connect an accused to a heinous crime, post-arrest bail will be refused.
- Whether an accused is entitled to post-arrest bail when a forensic ballistic report connects the weapon recovered from his possession with the crime scene?
- Does the recovery of stolen property and weapon from the accused during investigation furnish reasonable grounds to refuse bail in a murder and robbery case?
- Section 17(4), Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 411, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
ORDER
' LIAQAT ALI SHAH, J Petitioner, Ateequr Rehman seeks bail in F.I.R. No.542 dated 13-6-2009 registered under section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 411, P.P.C., Police Station Nowshera Cantt.
2. On 13-6-2009 Jehan Akbar, A.S.-I. While on patrol duty received information that a person was lying injured on the spot i.e. Wanai Road near Nadan University. On receiving such information he reached the spot. The injured was not in a position to talk. On search a driving licence was recovered from his pocket wherefrom his name was ascertained to be Shaukat Iqbal son of Muhammad Sarfraz resident of House No.53 Dhoke Kala Khan Nashiman Abad Rawalpindi. The said A.S.I. Found fire-arm injuries on the person of the injured and referred him to the hospital also the murasila was sent to the Police Station for registration of the case. The deceased, then injured, succumbed to the injuries. On the given address his relatives were contacted. The brother of deceased, then injured, namely Zafar Iqbal was examined under section 164, Cr.P.C. Who stated that the taxi of his brother was hired by two male and two female for an agreed rent of Rs.2200 for Akora Khattak; that on 13-6-2009 he received information that his brother was done to death and when they reached the Police Station thereafter doing whatever was required under the law to do, they took the dead body of the deceased and on the way they were informed by the police that the taxi car of his brother was recovered and accused including the present petitioner were arrested.
3. Learned counsel for the petitioner contended that the case against the petitioner is full of doubt; that the record would indicate that his name has been put in the mouth of the complainant i.e: brother of the deceased by the local police and that one of the co-accused Muhammad Arif has been released on bail, therefore, the petitioner also deserves the same treatment.
4. Learned counsel for the complainant and learned counsel appearing for the State seriously opposed the grant of bail and submitted that a very brutal and gruesome murder has been committed that too for some monetary benefit.
5. I have considered the arguments of learned counsel for the parties and gone through the record.
6. During the spot inspection the I.O. Has recovered two empties and registration copy of Suzuki Pickup as well as the permit. A live round of .30-bore was also found besides the blood from the place where the deceased, then injured, was found. The record would further reveal that on 14-6- 2009 the Suzuki pickup was taken into possession and at that time besides other accused the present petitioner was also found in the said Suzuki and from the possession of the petitioner a 30 bore pistol was also recovered. The said pistol along with the empty recovered from the spot was sent to the FSL and according to the FSL report the same was fired from the pistol which was recovered from the possession of the accused-petitioner. The above facts and circumstances would create reasonable ground to connect the accused-petitioner with the commission of offence charged with. The bail application as such being without any substance stands dismissed.