HAIDAR ALI and 4 others vs THE STATE
The petitioners sought post-arrest bail in connection with an F.I.R. registered at Police Station Tehkal, Peshawar, following the recovery of narcotics from a Hujra. The prosecution alleged that police raided the Hujra of one Saleem after an initial arrest led to his disclosure. During the raid, nine persons, including the five petitioners, were present. The police alleged resistance and threats from other individuals who escaped, while 6 kg of charas and weighing equipment were recovered from the premises. The core legal question was whether the petitioners, who were merely present at the scene of the recovery without specific allegations of possession or overt criminal acts, were entitled to bail. The Court held that since none of the petitioners were charged with specific roles, nor was anything recovered from their personal possession, and the Hujra belonged to the absconding accused, their mere presence did not establish criminal liability at the bail stage. Consequently, the Court granted bail, establishing the principle that mere presence at a crime scene without evidence of possession or specific criminal participation is insufficient to deny bail.
- Is mere presence at a location where narcotics are recovered sufficient to deny bail to an accused?
- Does the absence of specific role attribution in an F.I.R. entitle an accused to the concession of bail?
- Can an accused be denied bail solely based on the recovery of contraband from premises owned by another person?
' TARIQ PARVEZ KHAN, C.J.---Petitioners have applied for bail as they were arrested in a case F.I.R.
No, 615, dated 19-12-2008 of Police Station Tehkal, District Peshawar.
2. According to the F.I.R., one Iqbal Hussain was arrested who was found in possession of 80 grams of Charas. During interrogation, he disclosed that he has purchased the recovered Charas from one Saleem. The Hujra of Saleem was, therefore, raided and some 9 persons were found present including five petitioners,
3. It is case of the police that when they were catching hold of Saleem, other persons present in the Hujra, resisted the arrest, followed by four accused other than five petitioners, who went to the roof top and were intimidating, by issuing threats to the police and ultimately those, who were on the roof top escaped. . .
4. The police then recovered 6 kg of charas from the Hujra besides small scale and some weights.
5. None of the petitioners is charged by specification nor. Any specific role is. Given to 'them. Except for Javed rest of the petitioners Wfre not even shown armed ". The Hujra as per present record belongs to Saleem, the absconding accused. It is not yet known as to what for the present petitioner were present in the Hujra of Saleem. When nothing has been recovered from them, they are entitled to the concession of 'bail. Therefore, this bail application is allowed and the petitioners, namely, .Haidar Ali, Ashiq Ali, Rahim Shah, Javed and Yar Khan are admitted to bail provided they furnish bail bonds in the sum of Rs, One lac each, with two sureties, each in the like amount, to the satisfaction of . The Illaqa/Judicial Magistrate.