Pakistan Case LawSheraz Versus State
This judgment addresses a post-arrest bail petition filed by an accused-petitioner, Sheraz, whose bail was previously denied by the Additional Sessions Judge. The petitioner was implicated in a double murder case under Sections 302, 109, 311, 34, 107 of the Pakistan Penal Code and Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013. The prosecution alleged that the petitioner, along with co-accused, fired upon the deceased, though the petitioner was specifically charged with 'ineffective firing' while active firing roles were attributed to co-accused. The court noted that while a 30-bore pistol was allegedly recovered from the petitioner, the Forensic Science Laboratory (FSL) report was still awaited. Considering that the challan was complete and the petitioner was no longer required for further investigation, the court concluded that keeping him in indefinite detention would serve no useful purpose. Based on a tentative assessment of the record, the court found an arguable case for bail and consequently allowed the petition, directing the petitioner's release upon furnishing bail bonds.
- Can post-arrest bail be granted where the accused's role is described as 'ineffective firing'?
- Is an accused entitled to post-arrest bail if the FSL report connecting a recovered weapon to the crime is still awaited?
- Does the completion of challan and the accused no longer being required for further investigation weigh in favor of granting post-arrest bail?
- What factors constitute an 'arguable case' for the purpose of granting post-arrest bail?
Muhammad Faheem Wali, J .--- After having been declined the post arrest bail by learned Additional Sessions Judge-IV, Haripur vide order dated 11.04.2025 in case FIR No. 04 dated 03.01.2025 registered under Sections 302/109/311/34/107 P.P.C read with Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013 at Police Station City District Haripur, the accused-petitioner (Sheraz son of Shamrez Khan) has filed the instant petition for the same relief.
2.As per prosecution story, on 03.01.2025 at 20:50 hours Wajid Khan (complainant) accompanying the dead bodies of his deceased brothers namely, (1) Muhammad Azam and (2) Fazal Razzaq, while reporting the crime alleged that he on along with his cousin Hasrat were on motorbike while his brothers (deceased then alive) were in Rikshaw while returning to Haripur Bazar from Police Station Saddar. As per complainant, a white color Corolla had passed through them in a very high speed towards Haripur via Chappar Road, however, when they reached near Adeel CNG at 20:00 hours, noticed the accused-petitioner along with his co-accused namely, (1) Junaid, (2) Tanvez and (3) Kala blindly firing upon his brothers, thus, he along with his cousin (Hasrat) stayed there for a distance in order to save their lives. According to crime report, the complainant further alleged that with the fire shots of co-accused Junaid, his brother (Fazal Razzaq) sustained injures whereas with the fire shots of Kala his another brother (Azam) sustained injuries and fell on the ground. Both of them had statedly succumbed to the injures and died at the spot. The complainant also charged one of the co-accused namely, Lal Zaib, for abetment. The occurrence was stated to have also been witnessed by the complainant and his cousin, besides other people present at the spot. Motive for the crime was stated to have been constituted due to love marriage of deceased Azam with Mst. Amina, sister of accused-petitioner and co-accused Kala.
3.I have heard arguments of learned counsel for the parties as well as learned State Counsel and gone through the record with their able assistance.
4.A threadbare perusal of record transpires that though the accused-petitioner along with his co-accused have directly been nominated in the crime report for commission of the offence, however, intriguing aspect of the matter is that the active role of firing has been attributed to co-accused whereas the accused-petitioner has only been charged for ineffective firing. No doubt as per recovery memo. the I.O had allegedly recovered a 30-bore pistol on pointation of the accused-petitioner on 23.01.2025 but till date the FSL report is awaited, thus, veracity and connectivity of the recovered pistol with the crime will be seen at the trial after recording evidence. Furthermore, challan in the case is already complete and he is no more required for further investigation, hence, keeping him behind the bars for indefinite period will serve no useful purpose.
5.While taking a tentative assessment of the material available on record, this court reaches to a definite conclusion that the accused-petitioner has succeeded in making out a case arguable for the purpose of bail. Resultantly, this bail petition is allowed and the accused-petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa / Duty Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.
JK/134/P Petition allowed.
Judges on this bench
- Muhammad Faheem Wali147 judgments