ARSHAD MEHMOOD HALEEM vs THE STATE and another-- s
This criminal petition was filed seeking pre-arrest bail in case F.I.R. No. 57 of 2006 registered under sections 324, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Haveli Koranga District Khanewal. The petitioner was accused of firing with a .12-bore gun hitting a complainant party member. The petitioner contended that the case was a counterblast to a previous F.I.R. and that the parties had attempted a compromise, which ultimately failed, and claimed he remained under the impression that he was declared innocent. The State opposed the bail, pointing out that the petitioner remained an absconder for four years and was declared a proclaimed offender after being proceeded against under section 512 of the Code of Criminal Procedure 1898. The Lahore High Court held that due to the prolonged absconsion of the petitioner for four years, no case for pre-arrest bail was made out. Consequently, the court dismissed the bail petition while clarifying that observations made would not affect the merits of the trial or any subsequent bail applications.
- Whether pre-arrest bail can be granted to an accused who remained an absconder for a prolonged period?
- Does absconsion disentitle an accused from claiming the concession of pre-arrest bail?
- Whether proceedings under section 512 of the Code of Criminal Procedure 1898 affect the consideration of a pre-arrest bail petition?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 512, Code of Criminal Procedure 1898
ORDER
' SAGHEER AHMAD QADRI, J.---Petitioner seeks pre-arrest bail in case F.I.R. No,57 of 2006 dated 2-5- 2006 under sections 324/148/149, P.P.C. Registered at. Police Station Haveli Koranga District Khanewal under the allegations that he along with his co-accused fired with .12-bore gun hitting Muhammad Hashim and resultantly instant case was registered against him and his co-accused.
2. It is contended on behalf of the petitioner that actually the present case was a counterblast of case F.I.R. No,96 of 2005 dated 20-8-2005 under sections 324/ 147/149, P.P.C. Registered at Police Station Haveli Karanga District Khanewal; that petitioner and complainant party had compromised and their bail applications were pending in the court of learned ASJ., that while the petitioner effected. Compromise and submitted affidavit in the bail application of the complainant party, but the complainant party did not fulfil undertaking and compromise could not be finalized due to that petitioner's pre-arrest bail was dismissed vide order dated 26-5-2006; that the petitioner under the impression that the compromise has been effected did not appear before the court and, since then he was under the impression that he has been declared innocent.
3. Learned counsel for the state on the basis of the record has submitted that although petitioner was found present at the spot and challan against him was submitted in the court but he remained absconder, therefore, was proceeded under section 512, Cr.P.C. And has been declared proclaimed offender.
4. In view of the circumstances when the petitioner remained absconder for a period of four years, therefore, I am not inclined to allow this application which he hereby dismissed. However, any observation made by this court while dismissing this application shall not affect the merits of both sides in the trial as well as if any bail application moved by the petitioner subsequently.