Edward Naseer vs The State & another
This matter concerns three consolidated post-arrest bail petitions filed by several petitioners accused in FIR No. 392/2015, involving offences under the Pakistan Penal Code 1860 and the Anti-Terrorism Act 1997, arising from an incident of rioting, blocking of Ferozpur Road, and attacks on police and public property. The core legal question was whether the petitioners were entitled to post-arrest bail given the evidentiary material available at the pre-trial stage. The Court held that most petitioners were entitled to bail as they were not specifically nominated in the FIR, and the recovery of common sticks and clubs was insufficient to prima facie connect them to the specific offences. However, the Court distinguished the case of one petitioner, Imran, whose case was corroborated by the recovery of a looted PDA device from the Metro Bus Station. Consequently, the Court granted post-arrest bail to all petitioners except Imran, whose bail petition was dismissed. The key principle laid down is that while general recoveries of common items may not sufficiently connect an accused to an offence, the recovery of specific looted property can provide sufficient prima facie evidence to deny bail.
- Does the recovery of common items like sticks and clubs at the instance of an accused provide sufficient grounds to deny post-arrest bail?
- Can the recovery of specific looted property from an accused distinguish their case from co-accused persons for the purpose of bail?
- Are petitioners who are not specifically nominated in an FIR entitled to post-arrest bail when the case against them is based on CCTV footage and identification parades?
- Section 395, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 290, Pakistan Penal Code 1860
- Section 291, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 7, Anti Terrorism Act 1997
- Section 54, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
This single order disposes of three post arrest bail petitions bearing Crl. Misc. No.7200/B/2015 titled Edward Naseer v. The State & another, Crl. Misc. No.7144/B/2015 titled Riaz Masih & 05-others v. The State & another and Crl. Misc. No.7145/B/2015 titled Tariq & 03-others v. The State & another.
2. Through the afore-referred petitions, Edward Naseer, Riaz Masih, Nazir Masih, Tariq Masih, Arshad Masih, Asif Masih, Ishfaq Masih, Tariq, Naeem Bhatti, Imran and Yousaf Masih, the petitioners seek post arrest bail in case FIR No.392 dated 15.03.2015 offences under Sections 395, 324, 353, 186, 290, 291, 427, 148 & 149 PPC read with Section 7 of Anti Terrorism Act, 1997, registered with Police Station Nishtar Colony, Lahore.
3. The brief prosecution story, according to the narration available in the crime report, is that on 15.03.2015 at about 12:00 noon, 500/600 persons while armed with blunt weapons blocked the main Ferozpur Road. When police party reached at the spot, these people started throwing stones upon them. The assailants caught hold of Muhammad Ashraf, SI and with an intent to set him on fire, sprinkled kerosene oil on him who was rescued by the other police officials. The assailants also caused damage to Metro Bus Station and the police vehicle.
4. Arguments heard. Record perused.
5. None of the petitioners has been specifically nominated in the FIR. Identification of the petitioners during test identification parade is to be looked in by the learned trial court after recording the evidence because of the fact that admittedly, petitioners were initially taken into custody by the police under Section 54 Cr.P.C on the basis of CCTV Camera footage. Nothing has been recovered at the instance of petitioner Edward Naseer. The recoveries of sticks and clubs of common pattern only, at the instance of rest of the petitioners are prima-facie, not sufficient to connect them, with the alleged offence. However, the case of Imran petitioner is on different footing from that of rest of the petitioners as to his extent the prosecution case finds corroboration from the recovery of a valuable PDA device of damaged Metro Bus Station, which was looted during the occurrence that has been got recovered by him during his physical custody with the Investigation Agency. This recovery of supra mentioned device at the instance of Imran petitioner, prima-facie, connects him with the alleged offence and makes his case distinguishable from that of his co-accused. In this view of the matter, we are of the opinion that except Imran, petitioner in Crl. Misc. No.7145/B/2015, all other petitioners have made out their case one of further inquiry entitling them for the grant of post arrest bail under subsection (2) of Section 497 Cr.P.C.
For what has been discussed above, the afore-referred bail petitions to the extent of petitioners Edward Naseer, Riaz Masih, Nazir Masih, Tariq Masih, Arshad Masih, Asif Masih, Ishfaq Masih, Tariq, Naeem Bhatti and Yousaf Masih are accepted and they are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/-each with two sureties each in the like amount to the satisfaction of learned trial Court, whereas bail petition bearing Crl. Misc.
No.7145/B/2015 to the extent of Imran petitioner, is dismissed.