Junaid Ali vs The State through Advocate-General, Khyber Pakhtunkhwa
This matter arises from a criminal petition for leave to appeal directed against an order of the Peshawar High Court, whereby post-arrest bail was denied to the petitioner in a case registered under sections 302, 324, and 34 of the Pakistan Penal Code 1860 and section 15 of the Arms Act 2013. The core legal question before the Supreme Court was whether the petitioner was entitled to post-arrest bail in the absence of direct or tangible incriminating material connecting him to the alleged crime. The Supreme Court held that where the sole material against the accused is a statement under section 164 of the Code of Criminal Procedure 1898 pointing an accusing finger without any supporting source or material, and in the absence of direct evidence, the case calls for further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The Court converted the petition into an appeal, allowed it, and granted post-arrest bail to the petitioner subject to furnishing appropriate bail bonds.
- Does a case call for further inquiry under section 497(2) of the Code of Criminal Procedure 1898 when the only material connecting the accused is a bald statement under section 164 without any supporting source?
- Whether post-arrest bail should be granted when there is no direct evidence linking the petitioner to the crime?
- Can a criminal petition be converted into an appeal by the Supreme Court of Pakistan?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 15, Arms Act 2013
- Section 164, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
SARDAR TARIQ M ASOOD, J. This petition is barred by 30 days. Application for condonation of delay (Criminal M.A. No.2163 of 2022) has been filed. For the reasons mentioned in the application, the same is allowed and the delay in filing of the petition is condoned.
2. Through this petition the petitioner impugns the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar (the High Court) in Criminal Miscellaneous Bail Application No.2330-P of 2022, through which the post arrest bail was decline) to the petitioner in case FIR No.276 dated 11.06.2022, registered under sections 302, 324, 34, P.P.C. and 15 of the Arms Act, 2013 at Police Station Sardheri, District Charsadda.
3. We observe that there is no direct evidence against the petitioner and even we inquired from the learned counsel for the complainant and the learned Additional Advocate General, KP as to what material is available against the petitioner, they could not point out any material, connecting the petitioner with the crime, At this stage, except the statement of the complainant under section 164, Cr.P.C., in which although he has pointed out his accusing finger towards the petitioner but the said pointation is without any source or material. Due to said reasons the case of the petitioner calls for further enquiry falling under subsection (2) of section 497, Cr.P.C. Consequently, this petition is converted into an appeal and is allowed. The petitioner is, released on bail subject to his furnishing bail bond in the sum of Rs. 100,000/- with one surety to the satisfaction of the trial Court.