Attaullah vs The State through AG Khyber Pakhtunkhwa and another
This petition for post-arrest bail was filed by an accused booked under Sections 302, 324, 148, and 149 of the Pakistan Penal Code, 1860, who had remained an absconder for seven years. The prosecution alleged that the petitioner, along with co-accused, ambushed the complainant and his family members, resulting in three deaths. The Supreme Court of Pakistan considered whether the petitioner's long-term abscondence and presence at the crime scene were sufficient to deny bail when no specific injury to any of the victims was attributed to him. The Court held that since no injury was attributed to the petitioner, no reasonable grounds existed to deny him bail, and he was no longer required for investigation. The Court converted the petition into an appeal, allowed the same, and granted bail to the petitioner subject to furnishing a surety bond. The key principle laid down is that where no specific injury is attributed to an accused, and their custody is not required for investigation, bail may be granted despite a long period of abscondence.
- Can post-arrest bail be granted to an accused in a murder case if no specific injury to any victim is attributed to him?
- Does a long period of abscondence automatically disentitle an accused from the grant of bail if no reasonable grounds connect him to the specific injuries of the deceased?
- Whether an accused can be denied bail when his custody is no longer required by the police for the purpose of investigation?
- sections 302, 324, 148 and 149, P.P.C.
ORDER
1. MAQBOOL BAQAR, J.---The petitioner , who has been booked for offences under sections 302, 324, 148 and 149, P.P.C. in an FIR No.718 dated 11.12.201 1, registered at Police Station Battagram, Charsadda, and is facing trial for the said offences, having failed to obtain bail from the lower forums, has filed the instant petition for grant of bail. As per the complaint, on 11.12.201 1 at 14:45 hours, while the complainant Ataullah, along with his two sons Ziaullah and Muhammad Zakria and minor grand -daughter was proceeding towards a clinic for medical treatment of his grand-daughter , in Village Meerzai. The petitioner along with Sultan, Sabz Ali, Sheraz, Ayaz and Farhad ambushed them with their fire arms. The complainant's son Ziaullah was hit by a bullet fired by Sabz Ali, he died on the spot, and Muhammad Zakria was injured as a result of firing by Sheraz, Zakria also died on the spot whereas minor Sarah was injured by a shot fired by Sultan, later, the minor died. Neither any of the deceased, nor minor Sarah is said to have been hit by any of the shot allegedly fired by the petitioner . It is alleged that the petitioner has remained absconding for seven long years. However since no injury to the victim has been attributed to the petitioner and no reasonable ground has been urged before us to deny bail to him, and it is also not claimed that he is required for any investigation in the present case, we find it appropriate to grant bail to the petitioner and would therefore convert the instant petition into an appeal and allow the same by granting bail to the petitioner , subject to his furnishing surety in the sum of Rs. 2,00,000/- (Rupees Two Lacs only) with a surety bond in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
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- Khizar Hayat vs The State and others 2021 MLD 1597
- Salahuddin vs The State through S.H.O 2022 YLR 949
- Mir Hassan & another vs The State 2020 SHC 1054
- ASIMULLAH Versus State 2022 YLRN 74
- SOHAIL ALAM SIDDIQUE Versus State 2020 PCrLJ 1445
- Younas Hassan vs The State and another 2020 LHC 1514
- YOUNAS HASSAN Versus State 2021 PCrLJN 37