Ali Asghar vs State etc
This is a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898, arising from an FIR registered under Section 302/34 of the Pakistan Penal Code 1860. The petitioner, Ali Asghar, sought bail in a murder case where he was accused of facilitating the principal accused by transporting him to the crime scene on a motorcycle. The core legal question was whether the petitioner, despite being nominated in the FIR, was entitled to bail given the nature of the allegations and the evidentiary threshold at the pre-trial stage. The Court held that the petitioner’s role was limited to facilitation, with no specific overt act attributed to him regarding the deceased. Emphasizing that bail proceedings require only a tentative assessment of evidence, the Court determined that the petitioner’s case required further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Court granted post-arrest bail, ruling that continued incarceration was unnecessary as the investigation was complete and the petitioner’s actual participation and common intention remained matters for trial.
- Does the mere facilitation of a principal accused in a murder case, without an overt act, warrant the grant of post-arrest bail?
- Is a detailed appreciation of evidence permissible at the stage of deciding a post-arrest bail application?
- When does a case for post-arrest bail qualify for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
Through this petition u/S. 497, Cr.P.C., petitioner Ali Asghar , seek post-arrest bail in case F.I.R. No. 554 dated 09.11.2020 registered u/S. 302/34, PPC, at Police Station Model Town Burewala District V ehari.
2. Succinctly , facts as disclosed in the crime report got lodged by Mst. Saima subhan complainant are that on 09.11.2020 at 05:30 pm the petitioner along with his co- accused committed homicidal death of Ali Umair , son of the complainant.
3. Heard. Record perused.
4. This is an application for bail after arrest and only tentative assessment is required and peeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that though the accused/petitioner is nominated in the F.I.R. he has been burdened with the responsibility of facilitating the principal accused Farrukh Farid to reach at the place of occurrence on his motorcycle, who is still behind the bars. Except that no overt act towards the deceased is attributed to him. In view of the above whether the petitioner actually participated in the occurrence as well as sharing of his common intention with his co-accused, would be adjudged at the time of trial. In so far as alleged recovery of motorcycle at the instance of petitioner is concerned, intrinsic value of the same shall be seen at he time of trial. In the afore-referred circumstances the dase of the petitioner requires probe as contemplated in sub-s ection (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest. The investigation to his extent is already complete. No useful purpose would be served by keeping him behind the bars for an indefinite period.
5. Consequently , this petition is allowed and the petitioner Ali Asghar is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.