Rashid Ali vs Manzoor Ahmed
This criminal bail application concerns a petition for pre-arrest bail filed by the applicant, Rashid Ali, who is accused in FIR No. 124/2021 registered at Police Station Gambat. The applicant sought relief after his initial pre-arrest bail plea was dismissed by the Additional Sessions Judge-IV, Khairpur. The core legal question before the court was whether the applicant, who was alleged to have instigated the co-accused, met the threshold for the confirmation of pre-arrest bail given the evidentiary record. Upon reviewing the material, the court observed that the investigation failed to produce evidence placing the applicant at the scene of the incident or establishing the specific time and manner of the alleged abetment. Consequently, the court held that the applicant's case warranted further inquiry, thereby entitling him to the confirmation of his interim pre-arrest bail. The key principle laid down is that where the prosecution fails to provide material evidence linking an accused to the alleged offense, particularly regarding allegations of instigation or abetment, the case requires further inquiry, justifying the grant or confirmation of pre-arrest bail.
- Does the absence of evidence placing an accused at the scene of the crime or specifying the time of alleged abetment entitle an accused to pre-arrest bail?
- Is a case of alleged instigation subject to further inquiry when the investigation fails to produce supporting material?
- Section 302, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
Zulfiqar Ali Sangi, J: Through instant application, Applicant/ accused Rashid Ali son of Gul Muhammad Phul, is seeking his pre-arrest bail in FIR No.124/2021, registered at Police Station Gamba t, under sections 302, 337-A(i), 337-F(ii), 147, 148, 149, 504 and 109 PPC. Earlier his pre-arrest bail plea was declined by the learned Additional Sessions Judge-IV , Khairpur , vide order dated 13.10.2021, hence he approached this court for the same relief.
2. Heard learned counsel for the parties and perused the material available on record with their able assistance.
3. As per FIR, the allegation against the present applicant is that he had instigated other co-accused, however, there is no material collected during investigation, which reflects that the applicant was either present at the time of incident or he abetted the co-accused at any place, even no such time of abetment is mentioned. In these circumstances, the case of applicant requires further enquiry entitling him for confirmation of interim pre-arrest bail earlier granted to him. Resultantly, the interim pre-arrest bail granted to the applicant / accused by this court vide order dated 14.10.2021, is hereby confirmed on same terms and conditions.
4. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.
5. Instant Criminal Bail Application is disposed of in the above terms.