Noor Bakhsh vs The State
The petitioner, Noor Bukhsh, sought post-arrest bail in a case arising from an incident on 29.9.2013 where he allegedly shot Abdul Qayyum, resulting in spinal injuries and subsequent death nearly six years later, leading to the substitution of Section 324 with Section 316 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to post-arrest bail despite being a fugitive from law for over five years and in the presence of reasonable grounds connecting him to the offense under Section 497 of the Code of Criminal Procedure 1898. The Supreme Court held that the petitioner, having stayed away from law as a fugitive for a prolonged period, disentitled himself to discretionary bail concessions, and reasonable grounds existed connecting him to the crime. The court laid down the principle that a fugitive from law for a long period disentitles themselves from the discretionary concession of bail, and that a crime report supported by witness statements and medical evidence constitutes reasonable grounds under Section 497 of the Code of Criminal Procedure 1898 precluding further probe for bail purposes.
- Does a petitioner who remains a fugitive from law for a prolonged period disentitle himself to post-arrest bail?
- Whether the substitution of Section 324 with Section 316 of the Pakistan Penal Code 1860 upon the injured person's death warrants the grant of bail in the presence of reasonable grounds?
- Does a crime report supported by witness statements and medical evidence constitute reasonable grounds under Section 497 of the Code of Criminal Procedure 1898 to deny bail?
- Section 324, Pakistan Penal Code 1860
- Section 316, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Noor Bukhsh, petitioner herein, seeks admission to post arrest bail; he had allegedly shot one Abdul Qayyum, way back on 29.9.2013 within the remit of Police Station Gawadar on his opposition over an unauthorized gasoline outlet, managed by him in the neighbourhood; fire shot injury on the spinal cord finally resulted into the death, though after lapse of almost six years. Section 324 of the Pakistan Penal Code, 1860, after injured's death has been substituted with section 316 thereof. Repeated attempts for bail failed before the Courts below, last being in the High Court on 28.04.2020 on account of absence of a fresh ground.
2. Heard.
3. Petitioner stayed away from law for a period exceeding half a decade and was finally arrested on 3.2.2020; being a fugitive from law, that too for a pretty long period of time, he has disentitled himself to the concessions, ordinarily extended in discretion to an offender. While it is for the trial Court to determine the cause of death and consequences thereof, the case initially set up in the crime report, supported by the statements of the witnesses and medical evidence constitutes 'reasonable grounds' within the contemplation of section 497 of the Code of Criminal Procedure 1898 with space for further probe or inquiry in absence whereof, he cannot be released on bail even on that score. Petitioner's last attempt in the High Court through a subsequent petition without any fresh ground has rightly been declined, calling for no interference by this Court. Petition fails. Leave declined.
Cited by 2 cases
- Muhammad Sharif vs The State and another 2022 MLD 106, PLJ 2022 Cr.C. 316
- SABZ ALI Versus State 2023 YLRN 67