SAKHAWAT @ SAFDAR CHABBOO vs STATE and another
The petitioner Sakhawat @ Safdar @ Chabboo sought post-arrest bail in case F.I.R. No. 213 registered under Section 364, subsequently augmented by Sections 302 and 201 of the Pakistan Penal Code 1860, at Police Station Ganda Singh Wala, District Kasur. The core legal question was whether the petitioner was entitled to post-arrest bail given his nomination in the FIR for abduction at firearm point followed by the murder and disposal of the body of the abductee. The Lahore High Court held that the petitioner was named in the FIR, seen by witnesses abducting the victim, and the alleged offences fell within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898. The court further held that the police opinion regarding mere abetment during investigation is not binding upon the court. Consequently, the petition for post-arrest bail was dismissed, establishing that tentative assessment of record and the prohibitory clause disentitle an accused to bail when prima facie connected with heinous offences.
- Is an accused named in the FIR for abduction and subsequent murder entitled to post-arrest bail when the offence falls within the prohibitory clause?
- Whether the opinion of the police regarding the role of an accused as an abettor is binding upon the court during bail adjudication?
- Does the disposal of a dead body to avoid legal consequences disentitle the accused from seeking bail under Section 497 Cr.P.C.?
- Section 364, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
Petitioner Sakhawat @ Safdar @ Chabboo through the instant petition has sought for post arrest bail in case F.I.R. No, 213 originally registered under Section 364 PPC with Police Station Ganda Singh Wala, District Kasur on 7.9.2010. Later on, the police is stated to have added the offence under Sections 302 and 201 PPC in the same.
2. Briefly the prosecution case as per the F.I.R. is that on 4.9.2010 at about 9.00 p.m., Sakhawat @ Chabboo, Muhammad Ghaffar Ghaffari and two unknown persons on fire-arms point have abducted Khalil Ahmad, the son of the complainant and took him towards the South on a tractor.
They were seen while taking him away by Sabir Ali and Munir Ahmad, the residents of the village. It has been apprehended that the accused alongwith their companions have murdered him.
3. After hearing the learned counsel for the parties and perusing the record, I find that he is named in the FIR. In the same, it has been alleged that he alongwith his above named companions on fire- arm point has abducted the said son of the complainant and took him towards the South on a tractor and they were seen doing so by aforesaid Sabir Ali and Munir Ahmad. Later on, the abductee was learnt to have been murdered and his dead body was disposed of by them to avoid the legal consequences of their such an act. The alleged offence does fall within the prohibition contained in Section 497(1) Cr.P.C.
4. The learned DPG has informed that during the investigation, lit has been found that he simply has abetted his co-accused in the commission of the alleged offence. The opinion of the police if any, is not binding upon Court.
5. In these circumstances of the case, I do not find him entitled to bail at this stage. The petition, therefore, is dismissed.