GHULAM SHABIR and another vs THE STATE
The applicants sought post-arrest bail in Crime No. 26 of 2009 registered at Police Station Sobhodero under sections 324, 353, 148, 149, and 412 of the Pakistan Penal Code 1860. The core legal question was whether the applicants were entitled to post-arrest bail given their nominal involvement, the recovery of weapons and stolen property, and their alleged involvement in other criminal cases. The Sindh High Court held that the applicants failed to make out a case for further inquiry, noting their specific nomination in the FIR, the recovery of weapons and incriminating evidence from the spot, and their involvement in multiple pending criminal cases. Consequently, the bail application was dismissed, with a direction to the trial court to conclude the trial within five months. The key principle laid down is that where an accused is nominated in the crime with specific recoveries and pending criminal antecedents, bail cannot be granted as a matter of right without establishing a case of further inquiry under the criminal procedure.
- Whether the accused is entitled to post-arrest bail when named in the FIR with specific weapon recoveries?
- Does involvement in multiple other criminal cases disentitle an accused from relief of bail?
- Can a bail application be dismissed with a direction for the expeditious conclusion of the trial?
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 412, Pakistan Penal Code 1860
ORDER
1. ' SYED SHAFQAT ALI SHAH MASOOMI, J.---Applicants were seeking bail in Crime No,26 of 2009 Police Station Sobhodero under sections 324, 353, 148, 149 and 412, P.P.C.
2. ' According to the F.I.R. Lodged by complainant SIP Irshad Hussain S.H.O. Police 'Station Sobhodero on behalf of State on 5-3-2009, it is alleged that he along with his subordinate staff left the Police'
3. Station in a government vehicle in order to arrest the proclaimed offender. He received spy information that complainant Sher Mal Marecho has appeared at police station as his buffaloes have been snatched by the five accused persons and the police arrived there and apprehended applicants/accused Ghulam Shabir with DBBL Gun whereas Muhammad Saleh with SBBL Gun and while three accused left the buffalo and managed their escape good. Hence the F.I.R. Was lodged as stated above.
4. ' Heard learned counsel for the applicants as well as learned A.P.-G.
5. F.I.R. Reveals that the names of the applicants/accused appear in the F.I.R. Who have been shown armed with guns and recovery of one buffalo has been recovered from them. It is also pointed out that the applicants/accused are involved in four other cases and those cases are pending against the applicants in the Court of Additional Sessions Judge Gambat as stated by learned Advocate for the applicants. Since the applicants/accused are involved in four cases and recovery of one gun has been effected from the accused and from the perusal of F.I.R. It also reveals that 12 empties of .12 bore gun have been recovered from the place of incident. Police has also fired 10 shots from SMG and the same empties have also been recovered from the place of incident.
6. ' At this stage the applicants have failed to make out a case of further enquiry, therefore, application having no merits and is hereby dismissed and the learned trial Court is directed to conclude the trial within the period of five months without fail, in case the complainant police officials failed to produce the evidence in trial court within stipulated period, applicants can make an application for bail if they so desires.
7. ' However, the observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influenced the mind of the trial Court which is free to appraise the evidence strictly according to the merits of the case.