Yaseen vs The State
This criminal petition seeks leave to appeal against the order of the Peshawar High Court refusing post-arrest bail to the petitioner in case FIR No. 924 registered under sections 324, 353, 216, 148, and 149 of the Pakistan Penal Code and section 15 of the Arms Act. The core legal question is whether the petitioner is entitled to bail when apprehended at the spot with a firearm and supported by positive forensic reports. The Supreme Court held that since the petitioner was apprehended at the spot, a pistol was recovered from his possession, the FSL report matching the weapon with empties recovered from the spot is positive, and the offence falls within the prohibitory clause of section 497 of the Code of Criminal Procedure, the petitioner is not entitled to bail. The petition was accordingly dismissed and leave to appeal refused.
- Is an accused entitled to post-arrest bail when apprehended at the spot with a firearm and supported by a positive FSL report?
- Does an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure bar the grant of bail under the circumstances?
- Section 324, Pakistan Penal Code
- Section 353, Pakistan Penal Code
- Section 216, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 15, Arms Act 2013
- Section 497, Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.---Criminal M.A. No. 55 of 2018: For reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned.
2. Impugned herein is the order dated 20.11.2017 whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No. 924 dated 24.09.2017, offence under sections 324, 353, 216, 148, 149, P.P.C. read with section 15 of the Arms Act, 2013, registered at P.S. Khazana, District Peshawar.
3. Prosecution case against the petitioner, as per FIR, is that on the fateful day and time, he along with his co- accused, during raid by the police who were also aided by army personnel, started firing at the raiding party, as a result whereof two police constables and one army sepoi sustained firearm injuries. The petitioner was apprehended from the spot and from his possession a .30 bore pistol was recovered.
4. After hearing learned counsel for the parties at length and perusal of available record, it has been observed by us that the petitioner was apprehended at the spot and a pistol was recovered from his possession. It has been confirmed by the learned Additional Advocate General, under instructions of the police officer present in Court with relevant record, that the report of the FSL qua the weapon allegedly recovered from the possession of petitioner and the empties recovered from the spot is in the positive. The offence alleged against the petitioner falls within the prohibitory clause of section 497, Code of Criminal Procedure. In these circumstances, he is not entitled to the concession of bail.
5. For the foregoing, the instant petition having no merit is dismissed and leave to appeal is refused.
Cited by 2 cases
- Muhammad Ali vs The State and another 2022 MLD 312
- Hamza Sadaqat vs The State and another 2022 YLR 1024