FAROOQ vs THE STATE
This criminal bail application was filed before the Sindh High Court on behalf of the applicant Farooq, seeking post-arrest bail in a case registered under sections 392, 397, and 34 of the Pakistan Penal Code 1860 at Police Station Kalri Karachi. The applicant was allegedly apprehended at the spot following a robbery in a coach, with recovery of cash and a pistol. The core legal question was whether the applicant made out a case for further inquiry and post-arrest bail. The High Court held that the complainant had identified the applicant, prompt recovery of incriminating material was effected, and there were reasonable grounds to believe the applicant committed the non-bailable offences charged. Consequently, the court dismissed the bail application while directing the trial court to conclude the proceedings expeditiously. The key principle laid down is that where reasonable grounds exist linking the accused to a heinous crime with prompt recovery and identification, post-arrest bail is rightly refused.
- Whether an accused is entitled to post-arrest bail when apprehended at the spot with alleged recovery of looted property and a weapon?
- Does uncertainty regarding the signature on the F.I.R. by a witness at trial furnish sufficient ground for post-arrest bail?
- Whether delayed conclusion of trial per se warrants the grant of bail in heinous offences?
- Section 392, Pakistan Penal Code 1860
- Section 397, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' SALMAN ANSARI, J.---This bail application has been moved on behalf of applicant/accused Farooq who allegedly along with his two accomplices on showing the pistols have robbed the passengers sitting in Coach, snatched Rs,17,000 one CNIC and tried to run away but on the hue and cry of complainant the applicant was apprehended. An amount of Rs,14,000 and T.T. Pistol with three live bullets were recovered from his possession and on the day of incident viz. 9-8-2007 a case under sections 392/397/34, P.P.C. Registered against applicant at Police Station Kalri Karachi.
Learned IInd Additional Sessions Judge South Karachi rejected the bail application of applicant with the findings that there are reasonable grounds to believe that applicant has committed offence charged with.
2. It is argued on behalf of the applicant/accused that in his evidence before Court the complainant P.W.1 Aqal Din has shown his uncertainty regarding signatures on the F.I.R., the applicant is in custody for last more than 14 months and the trial has not been concluded, there is mis-identity, applicant has wrongly been apprehended as the money and pistol have been foisted upon him by the police. Learned counsel has further argued that police prepared memo of arrest and mashirnama of recovery in police station, the case requires further enquiry, hence the bail application of applicant may be allowed.
3. Learned Additional Prosecutor-General appearing for the State has opposed the bail application.
4 Heard learned counsel for applicant and learned Additional Prosecutor-General.
5. In this case the complainant Aqal Din had identified the applicant/accused who had on the potation of pistol along with his accomplices snatched Rs,17,000 while complainant was sitting in Coach, Rs,14,000 were recovered from the applicant and was apprehended on the hue and cries of complainant. The mashirnama of arrest and recovery were prepared on the same date at 1335 hours which shows that there was no delay in preparation of the same.
6. Under the circumstances, I have come to the conclusion that there are reasonable grounds to believe that applicant/accused Farooq had committed non-bailable offence, hence I reject this application with directions to trial to conclude trial as early as possible.