Riaz Hussain vs The State and another
This petition for post-arrest bail arises from FIR No. 302/2009, registered at Police Station Saddar Jaranwala, involving charges under sections 302, 109, 148, and 149 of the Pakistan Penal Code 1860. The petitioner, Riaz Hussain, sought bail after being accused of murdering two individuals, specifically attributed with firing shots at one of the deceased, a role corroborated by the post-mortem report. The core legal question was whether the petitioner was entitled to bail after arrest, given the evidence on record and his status as a fugitive. The court held that the petitioner was not entitled to bail, noting that he had remained a fugitive from law for six years, was found guilty during the investigation, and that the recovery of the weapon was effected from him. Furthermore, the offence falls within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The court affirmed that deeper appreciation of evidence is impermissible at the bail stage and dismissed the petition, emphasizing that the prosecution's case was supported by sufficient incriminating material.
- Whether a petitioner who has remained a fugitive from law for a significant period is entitled to post-arrest bail?
- Does the recovery of a weapon and findings of guilt during investigation constitute sufficient grounds to deny bail in a murder case?
- Can a court conduct a deeper appreciation of evidence during the hearing of a bail petition?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
Through this petition under section 497, Cr.P.C, Riaz Hussain, the petitioner has sought bail after arrest in case FIR No. 302/2009, dated 25.04.2009 registered at Police Station Saddar Jaranwala District Faisalabad in respect of offences under sections 302, 109, 148, 149 PPC.
2. I have heard the learned counsel for the parties and have also gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR the allegation against the present petitioner is that he alongwith his co-accused while armed firearms committed murder of Nadeem Akbar deceased and Waqas Aamar deceased and the role attributed to the present petitioner is that he while armed with pistol 30 bore made two successive fires at Nadeem Akbar which hit him on his left armpit and left hand. The role attributed to the petitioner is borne out from the post mortem of Nadeem Akbar deceased. According to the record, the petitioner remained fugitive from law for a period of six years. During the investigation of this case the petitioner has been found guilty by the Investigation Officer. Recovery of pistol 30 bore has been effected from the petitioner during investigation. So far no ill-will or animosity of the complainant with the petitioner has been brought on record so that the former could falsely involve the latter in a case of this nature. The offence with which the petitio ner is charged falls under the prohibitory clause of section 497 Cr.P.C. Challan has been submitted in the learned trial court. There is ample evidence in the shape of statements of PWs recorded under section 161 Cr.P.C involving the present petitioner in this case. Rest of the arguments advanced by learned counsel for the petitioner amounts to deeper appreciation of evidence which cannot be appreciated at this stage. The case laws referred by learned counsel for the petitioner do not attract to the facts and circumstances of this case.
3. For what has been discussed above, this petition has got no force and the same is hereby dismissed.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.