Ikram-Ul-Haq vs Raja Naveed Sabir, Etc.
This petition for leave to appeal was filed by the complainant against the order of the Islamabad High Court granting post-arrest bail to respondent No. 1 in a criminal case registered under Sections 302, 324, 148, 149, and 411 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether an accused person, whose case falls within the scope of further inquiry, can be denied bail solely on the ground of prior absconsion or being declared a proclaimed offender, even when investigation is complete. The Supreme Court held that where a case calls for further inquiry into the guilt of an accused, bail is a matter of right, and the question of right must prevail over considerations of propriety such as absconsion. The Court concluded that the High Court rightly exercised its discretion in granting bail since no physical custody was required and there was no misuse of the concession, thereby dismissing the petition.
- Whether bail can be refused to an accused person solely on the ground of absconsion when his case otherwise calls for further inquiry?
- Does the question of right prevail over the question of propriety when considering the grant of post-arrest bail?
- Are the considerations for the grant of bail and the cancellation of bail entirely different?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
ASIF SAEED KHAN KHOSA, J. - Through this petition the petitioner-complainant has sought leave to appeal against the order dated 13.03.2012 passed by a learned Judge-in-Chamber of the Islamabad High Court, Islamabad in Criminal Miscellaneous No.. 101-B of 2012 respondent No, 1 in case F..R. No. 395 registered at Police Station Industrial Area, Islamabad on 21.10.2010 in respect of offences under Sections 302/324/148/149/411, PPC.
2. We have heard the learned counsel for the parties and have gone through the relevant record of this case with their assistance.
3. It is not disputed that respondent No. 1 had not been nominated in the F..R, in any capacity whatsoever and his name had surfaced in this case for the first time through a supplementary statement made by the complainant and also through some statements made by the eye- witnesses under Section 161, Cr.P.C, It may be relevant to mention here that the petitioner- complainant was not an eye-witness of the alleged occurrence, It is. Not disputed that respondent No. 1 was not connected with the motive setup in the F..R, and it has also been conceded before us that in the CCTV footage available regarding the occurrence in issue at the scene of the crime at the relevant time. Upon assessm ent of the material available on the record the learned Judge-in- Chamber of the Islamabad High Court, Islamabad had concluded that the case against respondent No. 1 called for further inquiry into his guilt entitling him to be admitted to post-arrest bail, It has vehemently been argued by the learned counsel for the petitioner that respondent No. 1 had remained a fugitive from law and had been declared a Proclaimed Offender and, thus, he was not entitled to be extended the concession of bail. We have, however, remained unable to subscribe to this submission of the learned counsel for the petitioner because the law is by now settled that in a case calling for further inquiry into the guilt of an accused person bail is to be allowed to him as a matter of right and not by. Way of grace or concession. Bail is sometimes refused to an accused person on account of his absconsion but such refusal of bail proceeds primarily upon a question of property, It goes without saying that whenever a question of propriety is confronted with a question of right the latter must prevail. A reference in this respect may be made to the case of Ibrahim v. Hayat Gul and others (1985 SCM R 382), Muhammad Sadiq v, Sadiq and others (PLD 1985 SC182) and Qamar alias Mitho v. The State and others (PLD 2012 SC 222). It is admitted at all hands that the investigation of the present case has already been finalized and a Challan has been submitted and, thus, physical custody of respondent No. 1 is not required at this stage for the purposes of investigation, It is trite that considerations for grant of bail and those for its cancellation are entirely different. No allegation has been levelled before us nor any material has been brought on the record of the present petition regarding any misuse or abuse of the concession of bail by respondent No. 1. In these circumstances no occasion has been found by us for interference with the lawful exercise of jurisdiction and discretion in the matter of bail by the Islamabad High Court, Islamabad. This petition is, therefore, dismissed.