Sher Khan and 2 others vs The STATE
This matter concerns a post-arrest bail application filed by petitioners accused of burning down a girls' primary school, an act which allegedly spread terror and fear in the area. The petitioners were charged under sections 457, 436, and 34 of the Pakistan Penal Code 1860, read with sections 6 and 7 of the Anti-Terrorism Act 1997. The core legal question was whether the petitioners were entitled to bail given the evidence, specifically a confessional statement recorded under the Anti-Terrorism Act 1997, despite not being nominated in the initial FIR. The Court refused the bail application, holding that the petitioners were hardened criminals whose actions of burning a school had maligned the country's reputation internationally. The Court emphasized that such acts constitute an offence against society and that individuals involved in such desperate criminal activities should not be released. Consequently, the bail petition was dismissed, and the trial court was directed to conduct day-to-day proceedings to conclude the trial within six months.
- Does the burning of a school constitute an offence against society justifying the refusal of bail?
- Can a confession recorded under section 21-11 of the Anti-Terrorism Act 1997 be considered sufficient incriminating evidence to deny bail?
- Is the non-nomination of an accused in an FIR a sufficient ground for the grant of bail when other incriminating evidence exists?
- Section 457, Pakistan Penal Code 1860
- Section 436, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 6, Anti-Terrorism Act 1997
- Section 7, Anti-Terrorism Act 1997
- Section 21-11, Anti-Terrorism Act 1997
ORDER
MALIK HAQ NAWAZ, J.---The petitioners have been booked for the offences under sections 457, 436, 34, P.P.C. read with section 6/7, A.T.A., 1997 vide FIR No. 33/2018 dated 03.08.2018 registered at Police Station Tangir .
2. The brief facts of the case have been narrated in the para 2 of the impugned judgment dated 24-12-2018, which is re-produced as under:- "Briefly stated the prosecution story is that SIP Shah Sarwar , SHO Police Station Tangir . District Diamer has registered FIR No.33/2018 on 03-08-2018 on the application submitted by compla inant Abdul Basheer wherein it has been stated that, "I am resident of Juglote Tangir and Supervisor of 16 primary schools established in Tangir under Action Program (SAP). Today on 03-08-2018, Mr. Abdul Lateef teacher of High School Gali Bala informed me on phone that Girls Primary School SAP in Gali Bala has been burnt into ashes by putting it on fire by the unknown accused persons at about 12:30 a.m. 1 went to the place of occurrence and saw that the said school, which consisted of two rooms and furniture and record was completely burnt into ashes. The incident has been witnessed by the persons namely Abdul Mateen son of Moin Badshah residents of Gall Bala who were sleeping in a room adjacent to the said school. The unknown accused has placed a desi made bomb on the roof of the cattlshed adjacent to the said school in order completely , it could not explode. Due to this act, intense fear and terror spread in the area. It is required that case be registered against the unknown accused person for committing terrorism."
3. Post arrest bail of the petitioners was refused by the learned trial Court.
4. The learned counsel for the petitioners submitted that there is no worth reliance evidence against the petitioners except a so called confessional statement recorded under section 21-11 of Anti-T errorism Act, 1997. The petitioners are not nominated in the FIR and no incriminating recoveries have been effected from their possession. The provisions of section 6/7 are not attracted in the case. The case of the petitioners is one of the further inquiry and they deserve the concession of bail.
5. The learned Dy. Advocate General submitted that the petitioners are well linked with the commission of offence.
The petitioners have not only challenged the writ of the State but also brought a bad name to the area as a wide coverage was given to the event in the international media to give a negative impact of the country worldwide. The petitioners confessed their guilt and there is sufficient incriminating evidence available against them. The bail should not be allowed to such like hardcore criminals.
6. The record reveals that the petitioners are hardcore criminals and their act of school burning has malign the country at international level. The offence committed by the petitioners is an offence against the society and such type of hardened and desperate criminals cannot and should not be let loose on the society . There is no merit in the petition, which is declined accordingly . The learned trial Court is directed to proceed with the case on day to day basis and conclude the same within a period of 06 months positively .