Malik AQEEL vs THE STATE
This matter arises from a petition for leave to appeal under Article 185(3) of the Constitution of Pakistan 1973, seeking pre-arrest bail in respect of a criminal case involving offences punishable under sections 302 and 34 of the Pakistan Penal Code 1860. The petitioner was initially granted pre-arrest bail by the trial court, which was subsequently cancelled by the High Court of Sindh upon an application filed by the complainant under section 497(5) of the Code of Criminal Procedure 1898. The core legal question before the Supreme Court was whether the petitioner was entitled to pre-arrest bail given the available material and allegations of manipulation in the DNA report by the investigating officer. The Supreme Court dismissed the petition, holding that prima facie ample evidence was available connecting the petitioner to the crime and that deeper appreciation of evidence is not warranted at the bail stage, particularly in the absence of established mala fide on the part of the complainant or investigating officer. The key principle laid down is that pre-arrest bail will be refused where prima facie connection to a capital charge exists and no mala fide for false implication is made out.
- Whether pre-arrest bail can be maintained when prima facie evidence connects the accused to the offence under section 302 of the Pakistan Penal Code 1860?
- Is deeper appreciation of evidence permissible at the pre-arrest bail stage?
- What constitutes sufficient ground for the cancellation of pre-arrest bail under section 497(5) of the Code of Criminal Procedure 1898?
- Article 185(3), Constitution of Pakistan 1973
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(5), Code of Criminal Procedure 1898
' ANWAR ZAHEER JAMALI, J.---By this petition under Article 185(3) of the Constitution of Islamic Republic of ,Pakistan, 1973, petitioner is seeking pre-arrest bail in Crime No, 395 of 2009, Police Station, KIA, Korangi Town, Karachi, which relates to the commission of offence, punishable under sections 302/34, P.P. C .
2. Perusal of material placed on record reveals that initially the petitioner was admitted to pre- arrest bail by the trial Court, vide its order dated 11-6-2009, with the observation that prosecution will be at liberty to move application for cancellation of bail upon receiving chemical report, and cause of death, if positive. However, on an application under section 497(5), Cr.P.C., moved by the complainant before the High Court of Sindh on 12-9-2009, being Criminal Miscellaneous Application No,315 of 2009, vide order dated 20-1-2010, his pre-arrest bail was cancelled by learned Single Judge in Chambers.
3. We have heard Mr. M. A. Kazi, learned Senior Advocate Supreme Court for the petitioner, who has taken us to some relevant dates of the occurrence, recovery of dead body, taking of samples of two swa bs and sending them to the Chemical Examiner and arrest of the petitioner etc. Shown at pages 17 and 18 of the Court file, to convince us that some manipulation was done by the Investigating Officer for obtaining DNA report in the positive.
4. Keeping in view such submission of the learned counsel, we have carefully perused the whole material placed on record and seen that, prima facie, ample evidence is available with the prosecution to connect the present petitioner with the commission of such offence. Needless to observe that deeper appreciation of evidence at bail stage is not warranted by law; moreso, in a case where no mala fide has been attributed either to the complainant or the Investigating Officer for false implication of the petitioner in the crime.
5. This being the position, no case for grant of pre-arrest bail is made out.
6. Dismissed. . #EndJudgment