ABDUL HASSAN vs The STATE
This matter arises from a criminal petition for leave to appeal filed by the petitioner, Abdul Hassan, seeking post-arrest bail in a case involving charges under Section 302 and Section 307 read with Section 34 of the Pakistan Penal Code 1860 for murder and murderous assault. The core legal question concerns whether the petitioner was entitled to bail on grounds of a cross-complaint and the release of co-accused on bail. The Supreme Court of Pakistan dismissed the petition, holding that the petitioner was directly charged with promptness in the First Information Report for causing fatal firearm injuries supported by medical evidence, and that the case against him warranted trial without interference with the prior bail decisions of other accused persons. The key principle laid down is that where an accused is directly and promptly implicated in the crime report with corroborative medical evidence, post-arrest bail at the pre-trial stage is properly refused.
- Whether an accused directly charged with promptness in the First Information Report for fatal injuries is entitled to post-arrest bail?
- Does the release of co-accused on bail automatically entitle another accused person to the grant of bail?
- Can a cross-complaint filed subsequent to the initial First Information Report justify the grant of bail at the pre-trial stage?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. SHAH NAWAZ KHAN, J.-Abdul Hassan petitioner and 2 others are charged for the murder of Zaheer Bibi, deceased, under section 302/34, P. P. C. And also for making murderous assault on Mst.
2. Resham Jan under section 307/ 34, P. P. C.
3. Muhammad Arshad one of the accused was released on bail by the Sessions Judge, Islamabad, and another accused Muhammad Zareef was released on bail by the High Court on 7th October 1981. The bail application of Abdul Hassan, petitioner, was rejected. He has now come to this Court through the present petition for leave to appeal seeking his release on bail. He has taken up several points in this petition in support of his contention and in particular he has referred to the cross criminal complaint which was written on 30-3-1981, but according to the Inquiry Report of Mr. Muhammad Mashkur Ahmad Khan, Magistrate First Class, Islamabad, it was filed in Court on 28-4- 1981, wherein the father of Abdul Hassan, petitioner, had charged the members of the complainant party, namely, Israr son of Muhammad Fazil and Daud for causing the death of Zaheer Bibi and also for injuring Resharn Jan. According to the complaint both these women were accidentally hit when, as a matter of fact, the said two persons wanted to attack Abdul Hassan.
4. In the F. I. R. Exh. P. A. Which was lodged in the police station wit promptness, Abdul Hassan is directly charged for causing two injuries wit a gun to Zaheer Bibi, who later died in the hospital. The medical evidence in that regard is not in conflict with the F. I. R. According to the post mortem report of Mst. Zaheer Bibi some wads and pellets were recover from the dead body from various places which shows that she had sustain gun shot injuries and this fact also does not go against the allegations made in the F. I. R.
5. In these circumstances, we do not consider it proper to allow bail to Abdul Hassan at this stage.
6. The case against him is yet to be tried. The contention that the other two accused have been released on bail is off the point because their case is not before us, and no comments can be offered in that regard in their absence. This Criminal Petition No. 64-R of 1981 of Abdul Hassan is, therefore, dismissed.