SULEMAN BAHADUR vs THE STATE and another
This is a criminal petition filed by the accused Suleman Bahadur seeking post-arrest bail in case F.I.R. No. 19 dated 16-1-2009 registered under section 324 of the Pakistan Penal Code 1860 at Police Station City Bannu. The core legal question was whether the petitioner was entitled to the discretionary relief of post-arrest bail given the circumstances of the case, including his long abscondence and involvement in other criminal cases. The Peshawar High Court held that the petitioner is not entitled to bail, observing that he remained a fugitive from law for over a year without plausible explanation, is singularly charged with a firearm injury supported by an ocular account, and is implicated in multiple other serious criminal cases including firing on a police party. The key principle laid down is that prolonged unexplained abscondence, coupled with being a desperate criminal facing multiple serious charges, disentitles an accused to the discretionary relief of post-arrest bail.
- Does prolonged unexplained abscondence disentitle an accused to post-arrest bail?
- Whether an accused charged with a firearm injury supported by an ocular account and multiple other criminal cases can be granted bail?
- Does a case involving daylight firing with no mistaken identity attract the refusal of bail?
- Section 324, Pakistan Penal Code 1860
- Section 337, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
' ATTAULLAH KHAN, J.---Accused/petitioner, Suleman Bahadur is charged in case F.I.R. No, 19 dated 16-1-2009 of Police Station City Bannu registered under section 324, P.P.C. And having been refused bail by the courts below, he has filed the application in hand for the same purpose.
2. According to the report of the complainant Danyal Khan lodged in injured condition in the Emergency Room of Civil Hospital Bannu on 16-1-2009 at 1535 hours, he was busy in the purchase of Mobile card from the shop of Ejaz Khan situated in Goushala Bannu City when at about 1500 hours accused Suleman armed with Kalashnikov came, caught hold of him, dragged outside the shop and fired at him with which he was injured on right leg, whereafter the accused decamped from the spot. No motive was given by the complainant for committing the crime by the accused/petitioner.
3. Learned counsel for the petitioner argued that the case does not fall under section 324, P.P.C. But under section 337 thereof, therefore, it would not attract the prohibitory clause of section 497, Cr.P.C. According to him the case is based on mala fide.
4. On the contrary, learned counsel for the complainant and State argued that the accused/petitioner is singularly charged for a single injury sustained by the complainant and that he has remained absconder for a sufficient long and unexplained period, therefore, not entitled to the discretionary relief of bail.
5. I have carefully scrutinized record of the case and considered the arguments of the learned counsel for the parties.
6. The occurrence has taken place on 16-1-2009 and the accused/petitioner has been arrested on 9-5-2010. Thus he has remained fugitive from law for a considerably long period of about one year and four months which has not been plausibly explained. This indicates towards his guilt. He is charged for single injury caused to the complainant and the charge is supported by ocular account.
7. The record further reveals that the accused/petitioner is a hardened, dangerous and desperate criminal because besides the present charge, he is charged in cases F.I.R. No,716 dated 21-11-2009, F.I.R. No, 717 dated 21-11-2009 and F.I.R. No,367 dated 9-5-2009, copies whereof are available on file.
In F.I.R. No, 716, the accused/petitioner is charged for firing on police party. The present occurrence is of a daylight and there is no question of mistaken identity.
8. Therefore, I am not inclined to allow bail to the petitioner and his prayer for bail is accordingly declined.
Cited by 3 cases
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- Habibullah vs The State 2014-PHC
- AMIR ULLAH SHAH vs IHSAN ULLAH And Another 2011 YLR 1047