Pakistan Case Law
2012 SCMR 707

MUHAMMAD AFZAL vs THE STATE

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Citation2012 SCMR 707
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,1026-L of 2009 Criminal Miscellaneous No,8162-B of
Date2009-11-23
Judge(s)Mahmood Akhtar Shahid Siddiqui and Jawwad S. Khawaja
Authored byMahmood Akhtar Shahid Siddiqui
ResultBail refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was filed by the petitioner, Muhammad Afzal, seeking post-arrest bail in a case registered under Section 302 PPC for the murder of his wife. The High Court had previously denied bail based on sufficient incriminating material gathered during the investigation and the petitioner's conduct of absconding for over two months following the incident. The petitioner contended that he was in illegal police custody following his wife's funeral and raised a plea of alibi, claiming he was at his workplace in Sargodha at the time of the occurrence. The Supreme Court observed that the petitioner failed to file any habeas corpus or bail petitions during the alleged illegal detention. The Court held that the veracity of an alibi plea is a matter to be determined by the trial court after recording evidence. Finding no justification to interfere with the High Court's decision, the Supreme Court dismissed the petition and declined leave to appeal.

Questions settled in this judgment
  • Whether a plea of alibi can be considered a conclusive ground for the grant of bail before the trial has commenced?
  • Does the failure to file a habeas corpus petition affect the credibility of a claim of illegal police confinement?
  • Can bail be denied based on the petitioner's conduct of absconding for a significant period after the commission of an offence?
Laws & provisions referred
  • Section 302, P.P.C.
post-arrest bailmurderabscondanceplea of alibiSection 302 PPCleave to appealinvestigation material

ORDER

' MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner, Muhammad Afzal seeks bail in case F.I.R.

No,13 of 2009 dated 24-1-2009, registered at Police Station Lalian District Jhang, under section 302, P.P.C. The High Court has disallowed him bail, inter alia, for the reason that there is sufficient material gathered during the investigation of the case, which implicates the petitioner for the murder of his wife, Mst. Afia Bibi. Furthermore, learned counsel for the complainant has pointed out and this fact has also been noted by the High Court that the petitioner remained an absconder for over two months after the commission of the offence. Learned counsel for the petitioner, however, stated that the petitioner had attended the funeral {{URDU TEXT}} ( v)C?. ) of his wife and bad thereafter been taken into custody by the Police, although his arrest was not shown in the Police record. Upon being questioned, if the petitioner had applied for pre-arrest or post-arrest bail in the case or had moved any habeas corpus petition against his alleged illegal confinement, the learned counsel acknowledged that no such petitions had been filed.

2. Learned counsel for the petitioner only pressed into service the alleged, alibi that the petitioner being an employee of Daewoo Company, was at Sargodha and not at his house at Jhang at the time of occurrence. The High Court has rightly observed that this is a matter, the veracity whereof will be determined at the trial.

3. In view of the foregoing discussion, we find no justification for differing with the High Court and granting bail to the petitioner. This petition is, therefore, dismissed and leave is declined.

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