Pakistan Case Law
2015 SCMR 1696

MUHAMMAD AFZAL BUTT alias APHI vs The STATE and others

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Citation2015 SCMR 1696
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.425-L of 2015
Date2015-07-27
Judge(s)Mian Saqib Nisar and Ijaz Ahmed Chaudhry
Authored byIjaz Ahmed Chaudhry
ResultBail granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for post-arrest bail on statutory grounds arose from a murder case registered under Sections 302, 148, 149, and 109 of the PPC. The petitioner had been incarcerated since November 2012 without the trial reaching completion. The High Court had previously denied bail, attributing the trial delay to the absconsion of co-accused who were allegedly related to the petitioner. The Supreme Court examined whether the delay caused by absconding co-accused could be used to deny a petitioner statutory bail when the trial is conducted jointly. The Court held that the mere absconsion of co-accused is not a valid ground to deprive an accused of their right to statutory bail, especially when the prosecution or the court failed to separate the petitioner's trial. The Court emphasized that an accused cannot be detained indefinitely due to the conduct of others in a joint trial. Consequently, the petition was converted into an appeal, the High Court's order was set aside, and the petitioner was granted bail.

Questions settled in this judgment
  • Whether the absconsion of co-accused can be used as a ground to deny an accused post-arrest bail on statutory grounds?
  • Can an accused be kept behind bars for an indefinite period during a joint trial if the delay is caused by other co-accused?
  • Is the court required to separate the trial of an accused if the conduct of co-accused is causing a delay that impacts statutory bail rights?
Laws & provisions referred
  • Section 302 PPC
  • Section 148 PPC
  • Section 149 PPC
  • Section 109 PPC
post-arrest bailstatutory groundtrial delayabsconding co-accusedjoint trialseparation of trialright to bail

ORDER

' IJAZ AHMED CHAUDHRY, J.---Through this petition, the petitioner seeks post-arrest bail on statutory ground in case registered vide FIR No. 667 dated 19-7-2012 under sections 302, 148, 149 and 109, P.P.C. At Police Station Model Town, Gujranwala.

2. Brief allegation against the petitioner is that he along with co-accused has committed murder of one,_Dr. Ahmed Ghaffar, paternal uncle of the complainant with firearms.

3. Heard.

4. Petitioner is behind the bars since his arrest i.e. 22-11-2012 and the trial has yet not been completed. The only ground which found favour with the learned High Court while dismissing petitioner's post arrest bail on statutory ground was that the delay occurred due to co-accused of the petitioner, who are closely related to the petitioner. However, the nature of relationship between the petitioner and the co-accused has not been described by the learned High Court. Just because the fact that some of the co-accused have absconded themselves and delay occurred in trial, is no ground to deprive the petitioner from post-arrest bail on statutory ground. If that was the case, the trial of the petitioner could have been separated, but the same has not been done. When the trial is continuing jointly and some of the co-accused are still absconders, the petitioner cannot be kept behind the bars for an indefinite period. In these circumstances, the petitioner has made out a case for bail on statutory ground.

5. For what has been discussed above, this petition is converted into appeal and is allowed and the impugned order is set aside. Petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000 with two sureties in the like amount to the satisfaction of learned trial Court.

Cited by 11 cases

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