Zaka Ullah vs The State and another
This matter concerns a petition for post-arrest bail filed by Zaka Ullah, who has been in custody since May 17, 2019, in connection with a homicide case involving a motive of runaway marriage. The core legal question was whether the petitioner was entitled to bail given the conflicting evidence regarding his specific role in the crime. The First Information Report (FIR) implicated the petitioner, yet the dying declaration omitted his name and role, and the Investigating Officer’s report suggested the petitioner was present at the scene but played no active role in the shooting. The Supreme Court held that these discrepancies created a dichotomy that required further inquiry during the trial. Consequently, the Court found that a case for further probe into the petitioner's culpability was established. The petition was converted into an appeal, allowed, and the petitioner was admitted to bail subject to furnishing bail bonds to the satisfaction of the trial court.
- Does a discrepancy between the FIR and the dying declaration regarding the accused's role justify the grant of bail?
- Is an accused entitled to bail when the investigation report suggests presence at the crime scene but omits an active role in the commission of the offense?
- When should a bail petition be converted into an appeal by the Supreme Court?
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Behind bars since 17.5.2019, Zaka Ullah, petitioner seeks admission to bail in a case of homicide; on the fateful day, he allegedly drove and whisked away co-accused Usman Ashraf on a motorbike after the deceased, on a motorbike as well, was dealt with multiple fire shots, including one by him.
Motive for the crime is a runaway marria ge. The deceased succumbed to the injuries after a brief struggle at the hospital; before the Medical Officer, amongst others, he accused Farooq and Waqas for having mounted the assault, however , First Information Report recorded on the statement of Ikram Aslam specifically named the petitioner with a role, nonetheless, belied by the Investigating Of ficer.
2. Heard. Record perused.
3. According to the crime report, the deceased was repeatedly shot initially by Muhammad Ashraf co-accused by a .30 caliber pistol, subsequently taken over by the petitioner to conclude the occurrence with the last shot, a role conspicuously omitted alongside the name in the last A declaration, an apparent dichotomy to be best settled after recording of evidence. Investigating suggests petitioner's presence at the spot, albeit with no role, a circumstance additionally calling for further probe in the alleged culpability; a case for release on bail stands made out. The petitioner shall be released upon furnish ing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court. The petition is converted into appeal and allowed. 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 1 case
- Mukhtiar Ali vs The State 2023 MLD 684