Noor Muhammad Khan vs The State and another
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, wherein the petitioner, Noor Muhammad Khan, seeks post-arrest bail in case FIR No. 195 dated 05.12.2010 registered under Sections 302, 324, 109, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Pai Khel, District Mianwali. The core legal question involves determining whether the petitioner is entitled to post-arrest bail given his nomination in a promptly lodged FIR with specific firearm imputations, corroborating medical evidence, recovery of the weapon of offence on his pointation, and his status as a fugitive from law for approximately ten years. The court holds that sufficient incriminating material connects the petitioner to the capital offence, and his case falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The key principle laid down is that an accused who is nominated in a prompt FIR with specific roles, supported by recovery and medical evidence, and who has remained a fugitive from law for a prolonged period, is not entitled to the concession of post-arrest bail.
- Whether an accused nominated in a prompt FIR with specific firearm imputations is entitled to post-arrest bail?
- Does the prolonged status of an accused as a fugitive from law disentitle him to the grant of post-arrest bail?
- Whether recovery of the weapon of offence on the pointation of the accused constitutes sufficient incriminating material to deny bail?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
ALI ZIA BAJW A, J.----Through this petition filed under Section 497 Cr.P.C., petitioner Noor Muhammad Khan seeks his post-arrest bail in case FIR No.195, dated 05.12.2010, registered under Sections 302, 324, 109, 148, 149, P .P.C., with Police Station Pai Khel, District Mianwali.
2. Precisely the allegation against the petitioner is that on 05.12.2010, at 8:15 a.m., he while armed with Kalashnikov along with his co-accused armed with firearms committed murder of Zareef Khan and caused firearm injuries to Zahid Iqbal.
3. Arguments heard and record perused.
4. The record reveals that the petitioner is well nominated in the promptly lodged FIR with the specific allegation that he while armed with Kalashnikov along with his co-accused made straight fire shots upon Zareef Khan deceased, which landed on his chest, right flank etc., who succumbed to the injuries at the spot, whereas Zahid Iqbal sustained injuries at the hands of his co-accused. The medical evidence is in line with ocular account. The witnesses have fully implicated the petitioner in their statements under Section 161, Cr.P.C., During the course of investigation, the alleged weapon of offence i.e. Kalashnikov was recovered on the pointation of present petitioner .
It is also evident from record that the petitioner remained fugitive from law for a considerable period of about ten years. The petitioner was found guilty during investigation by the Investigating Officer. Case of present petitioner falls within the ambit of prohibition contained in Section 497(2), Cr.P.C. The petitioner has failed to point out any or malice on the part of complainant or police for his false implication in this case. Sufficient incriminating material is available on record, which connects the petitioner with the commission of alleged of fence.
2. The upshot of above discussion leads me to the conclusion that on the face of the record, there are reasonable grounds to believe that petitioner has committed an offence which entails capital punishment Resultantly , this petition for post-arrest bail having no substance stands dismissed.