Noor Wali and another vs The State and another
This matter concerns a petition for leave to appeal against the refusal of post-arrest bail by the Peshawar High Court. The petitioners were accused of running over a Customs official, Mian Irfan Ullah, who was performing his duty at a blockade set up to intercept a vehicle carrying smuggled contraband. The petitioners argued that the death was accidental. The Supreme Court rejected this contention, noting that the blockade was deliberately breached by the petitioners, resulting in the death of a State functionary, which constitutes a serious criminal transgression. The Court observed that the recovery of smuggled items following the incident provided credible support for the prosecution's case. Consequently, the Court held that the material collected by the prosecution established 'reasonable grounds' under the relevant criminal procedure law, creating an insurmountable impediment to the grant of bail. Finding that the lower courts had correctly assessed the situation and that no further probe was required, the Supreme Court declined to interfere with the impugned order and dismissed the petition.
- Does the deliberate breaching of a Customs blockade resulting in the death of an official constitute reasonable grounds to deny bail under Section 497 of the Code of Criminal Procedure 1898?
- Can a plea of accidental death be sustained when the accused deliberately runs over a State functionary performing official duties?
- Section 497, Code of Criminal Procedure 1898
ORDER
Qazi Muhammad Amin Ahmed, J. A contingent of Pakistan Customs, on a tip off, signaled a Lahore bound bus to halt at the check post within the precinc ts of Police Station Chamkani Peshawar; it was being escorted by the assailants riding on two vehicles; they ran over the contingent as a result whereof Mian Irfan Ullah, 27, sustained serious injuries, subsequently proved fatal. The assailants took to the heels, however , the petitioners were apprehended by a police party arrived at the scene pursuant to information; they have been denied bail, lastly by a learned Judge-in-Chamber of the Peshawar High Court Peshawar vide impugned order dated 13.12.2021, leave to appeal wherefrom is being prayed for on a variety of grounds.
2. Heard. Record perused.
3. We are not impressed by the argume nt that Irfan Ullah Constable was accidently run over by the speeding vehicle as the Custom Authorities in anticipation to arrival of the said vehicle with smuggled contraband on board had set up a blockade, calculatedly breached by the petitioners by running over a State functionary , standing in the line of duty, a criminal transgression with consequences most serious. The smugg led items, taken into possession in the wake of gory incident, in retrospe ct, lends credible support to the prosecution case, set up in the crime report. Material collected by the prosecu tion constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Prosecution, 1898 standing insurmountably in imped iment to their release on bail, in the absence of any consideration calling for further probe. View concurrently taken by the Courts below being well within remit of law calls for no interference. Petition fails. Leave declined.