MUKHTIAR AHMAD vs STATE and another
This petition concerns an application for pre-arrest bail filed by the petitioner, Mukhtiar Ahmad, in connection with FIR No. 183/2011, registered under Sections 506-B, 186, 337-H(ii), 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who is physically disabled, was entitled to pre-arrest bail given the circumstances of the alleged offence and the status of his co-accused. The Court observed that the petitioner's alleged ability to flee from police custody was implausible due to his physical disability, and noted the absence of recovered evidence (empty shells) despite allegations of firing. Furthermore, the Court highlighted that the co-accused had already been granted post-arrest bail and that the offences charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court held that the petitioner's involvement appeared to be a case of mala fide and required further probe. The Court confirmed the pre-arrest bail, establishing that bail is appropriate where the prosecution's narrative is implausible and co-accused have already been granted relief.
- Does the grant of bail to co-accused in similar circumstances provide a ground for the grant of bail to the petitioner?
- Can pre-arrest bail be granted when the prosecution's narrative regarding the accused's actions is physically implausible?
- Is pre-arrest bail appropriate when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 506-B, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
Through the instant petition, the petitioner-Mukhtiar Ahmad, seeks his pre-arrest bail in a case arising out of FIR No, 183, dated 24.06.2011, registered with Police Station Bhong, District Rahim Yar Khan, under Sections 506-B, 186, 337-H (ii), 148,149, P.P.0
2. Arguments heard. Record perused.
3. Allegedly, as per prosecution story, the petitioner was tried to be apprehended but the decamped from the scene of occurrence. I have noticed that the petitioner, prima facie, is a disabled person, who has been involved in the present case along with his three real brothers namely Ghulam Nabi, Naseer Ahmad and Nazir Ahmad. On a Court question, the learned Deputy Prosecutor General after having a look at the petitioner remained unable to controvert that the petitioner is incapable to move about. In these circumstances, it looks implausible that the petitioner could run away in the presence of police officials.
4. It has been alleged in the FIR that the petitioner made two fire-shots in the air in the presence of police party but no empty was recovered from the spot. Apparently, the possibility of false involvement of the petitioner in the present case cannot be ruled-out. Even otherwise, the co- accused of the petitioner namely Ghulam Nabi, Naseer Ahmed and Nazeer Ahmad have been released on post-arrest bail. No useful purpose would be served if custody of the petitioner is handed over to the police while refusing his bail application, as he would again be allowed bail on the ground that his co-accused, placed in similar position, had already been released on bail. The offences do not fall within the prohibitory clause of Section 497(1), Cr.P.C. I think this to be a fit case for the grant of anticipatory bail to the petitioner, as the mala fide is understandable from the facts stated above B. ,ides, the matter requires further probe into the guilt of the petitioner.
5. In view of the above, this petition is accepted and the ad-interim pre-arrest bail, already granted to the petitioner vide order dated 15.08.2011, passed by this Court, is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.