GHULAM MUHAMMAD and another vs THE STATE
This matter comes before the Sindh High Court upon a bail application filed by two applicants seeking pre-trial or post-arrest relief in a criminal case. The core legal question concerns whether the applicants are entitled to bail in circumstances where applicant No. 1 was allegedly arrested shortly after the incident in possession of robbed property following a chase by police and the complainant, and applicant No. 2 was implicated through a co-accused's statement while trial evidence remains unrecorded. The court decides to dismiss the bail application, holding that the contentions of the State find support from the record and that the applicants have no case for bail on merits as well as due to default. The key principle laid down is that an accused apprehended flagrante delicto with robbed property and an accused implicated through a co-accused's disclosure statement prior to recording of evidence are not entitled to bail.
- Is an accused arrested shortly after the incident in possession of robbed property entitled to bail?
- Does an accused implicated by a co-accused whose evidence has not yet been recorded make out a case for bail?
- Can a bail application be rejected on merits as well as on default when the record supports the contentions of the State?
ORDER
1. BIN YAMIN, J.---Learned State counsel submits that applicant No,1 soon after the incident was arrested by the police along with robbed property as he was chased by the police and complainant after the incident therefore, the applicant No,1 has no case even on merit for grant of bail.
2. 'He further states that name of the applicant No,2 was given by the arrested accused and that evidence has not yet been recorded therefore, this accused has also no case for grant of bail in the matter. He therefore, requests for rejection of this bail application.
3. 'Contentions of learned State counsel find some support from the record therefore, application for grant of bail to the applicants/accused is rejected on the ground of default as well as merits.
4. 'However, learned trial Court is directed to dispose of this case within six months from the date of this order under intimation to this Court.