REHMAN ULLAH alias INSAF vs The STATE and others
This matter comes before the Supreme Court of Pakistan through a criminal petition for leave to appeal filed by the petitioner, Rehman Ullah alias Insaf, seeking post-arrest bail in a murder and firing case. The core legal question revolves around whether the petitioner is entitled to post-arrest bail given the incriminating evidence against him. The Supreme Court observed that the occurrence took place in daylight, the FIR was lodged promptly, and the petitioner was specifically named as the principal accused with attribution of effective and ineffective firing. Furthermore, the Court noted that eye-witnesses supported the prosecution case, medical evidence corroborated the ocular account, a motive was established, a firearm recovered from the petitioner matched crime empties and a bullet from the deceased, and the petitioner had remained a fugitive from law for three years before his arrest. Holding that prima facie reasonable grounds existed to believe the petitioner's involvement, the Court dismissed the petition and refused leave to appeal, establishing the principle that fleeing from justice for a prolonged period, combined with consistent ocular and forensic corroboration, disentitles an accused to post-arrest bail.
- Is an accused who remained a fugitive for a prolonged period entitled to post-arrest bail?
- Does the recovery of a firearm matching crime empties and a bullet from the deceased constitute prima facie reasonable grounds of involvement?
- Whether prompt lodging of an FIR naming the accused with specific attribution of firing supports the refusal of bail?
ORDER
1. ASIF SAEED KHAN KHOSA, J. After hearing the learned counsel for the parties and going through the record we have observed that the occurrence in this case had taken place in daylight and an FIR in respect of the same had been lodged with reasonable promptitude wherein the present petitioner had specifically been named as the principal accused and effective firing at Majeed Khan deceased as well as ineffective firing at Sajjad Gul complainant had been attributed to him therein. It is not disputed that the eye-witnesses mentioned in the FIR have so far stood by their statements made before the police fully incriminating the petitioner and also that prima facie the medical evidence lends support to the ocular account in respect of the role attributed to the petitioner .
2. Apparently the petitioner was connected with the motive set up in the FIR and during the investigation a pistol had been recovered from his custody which firearm had matched with two crime-empties secured from the place of occurrence and also with a bullet recovered from the dead body of Majeed Khan deceased. According to the record the petitioner had remained a fugitive for three long years before he was arrested in connection with this case. The petitioner's trial has already commenced. In view of all these factors available on the record prima facie reasonable grounds exist to believe in the petitioner's involvement in the alleged offences. This petition is, therefore, dismissed and leave to appeal is refused. 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.
Cited by 6 cases
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- Abdul Salam vs The State 2023 MLD 1709
- ALI GUL Versus State 2022 PCrLJN 67
- Muhammad Sajid Hussain vs The State 2021 YLR 402
- Amanullah vs The State 2020 SHC 348
- Mujahid Khan vs The State 2020 SHC 328