RAB NAWAZ Versus State
This matter comes before the Lahore High Court through a petition filed by Rab Nawaz seeking post-arrest bail in case F.I.R. No. 90 of 2004 registered under Section 302/34 of the Pakistan Penal Code 1860 at Police Station Kala, District Dera Ghazi Khan. The core legal question involves determining whether the petitioner is entitled to post-arrest bail when a specific role of firing resulting in death is attributed and a weapon of offense is recovered. The court held that the petition lacks merit as a specific role of committing murder by firing a Kalashnikov was attributed to the petitioner, and the offense falls within the prohibitory clause. Consequently, the court dismissed the bail petition, reinforcing the principle that tentative assessment of record disclosing specific murderous assault and recovery disentitles an accused to post-arrest bail at the trial stage.
- Whether an accused attributed with a specific role of firing resulting in death is entitled to post-arrest bail?
- Does a case falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure bar the grant of bail when reasonable grounds exist?
- Whether post-arrest bail can be refused when the accused has been challaned and is facing trial with incriminating recoveries made from him?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
Through this petition Rab Nawaz petitioner has sought his post-arrest bail in case F.I.R. No.90 of 2004 dated 19-7-2004 registered under section 302/34, P.P.C., at Police Station, Kala District Dera Ghazi Khan on the complaint of one Abbas,
2. Learned counsel for the petitioner contends that regarding same occurrence, cross-version was got recorded by Ghulam Siddique i.e. from petitioner's side against Abbas, Niaz Hussain and Ajmal were involved for committing the murder of Sajjad Hussain. Learned counsel further submits that petitioner, was not aggressor and in fact the other side was the aggressor. That case against the petitioner is false and fabricated and. he is innocent. That investigation of the case has been completed and petitioner is no more required by the Investigation Agency and the petitioner is previously non-convict.
3. On the other hand learned counsel appearing on behalf of 'the State has vehemently opposed the bail petition and submitted that specific role has been attributed of firing to Rab Nawaz petitioner at Niaz Hussain resulting thereby, his death and that Kalashniko has been recovered from the petitioner and case against the petitioner also falls within prohibitory clause.
4. I have heard learned counsel for the parties and carefully perused the record. Both the parties have been challaned and are facing trial. Specific role has been attributed to the petitioner of committing the murder of Sajjad Hussain by firing of Kalashnikov. Without going into the further merits of the case, I feel that at this stage it is not a fit case for bail hence, the same is hereby dismissed.
N. H. Q./R-127/L Bail refused.