ABDUL RASHID Versus STATE
This matter concerns a petition for leave to appeal against an order of the High Court, which dismissed the petitioner's application for pre-arrest bail in a criminal case involving charges under Section 302/34 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the petitioner, who had not surrendered to the police, was entitled to the extraordinary relief of pre-arrest bail given the incriminating nature of the First Information Report and the circumstances of the alleged occurrence. The Supreme Court upheld the High Court's decision, holding that the petition for leave to appeal should be dismissed. The Court reasoned that the determination of the petitioner's innocence or guilt is a matter to be adjudicated during the formal inquiry under Chapter XVIII of the Code of Criminal Procedure 1898 or at the subsequent trial. The key principle laid down is that pre-arrest bail is not appropriate where the accusation is supported by the First Information Report and the merits of the case require a full trial for resolution.
- Is pre-arrest bail appropriate when the First Information Report implicates the accused in an occurrence witnessed in broad daylight?
- Should the question of an accused's innocence or guilt be determined at the pre-arrest bail stage or during the trial?
- Does the failure to surrender to the police affect the consideration of a pre-arrest bail application?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Chapter XVIII, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD YAQUB ALI, C.J.‑ ‑The' petitioner is charged alongwith others under section 302/34, P.P.C. Instead of surrendering to the police he applied to the High Court for bail before arrest. The application was dismissed by a learned Judge from which order he seeks leave to appeal.
2. It is observed by the Learned Judge that the accusation in the F.I.R. implicates the petitioner and that the occurrence had taken place in broad day light meaning thereby that there was little chance of mistaken identity of the culprits.
3. We fully agree with the High Court that the question of the petitioner's innocence or guilt will be decided only in the enquiry under Chapter XVIII of the Cr.P. Code or during the trial. There is thus no occasior to grant him bail before arrest.
4. The petition is dismissed.
5. M.I. Leave refused.
Cited by 1 case
- ABDUL AZIZ vs THE STATE 2002 MLD 985