QASIM AND OTHERS vs THE STATE
This matter arises from criminal petitions for special leave to appeal filed against the dismissal of pre-trial bail applications by the Lahore High Court in a case registered under sections 302, 307, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioners, who were named in the First Information Report as being armed and participating in an unlawful assembly resulting in murder and simple injuries, are entitled to post-arrest bail on grounds of alibi and lack of specific injury attribution. The Supreme Court held that at the bail stage, pleas of alibi cannot be conclusively evaluated and prima facie participation demonstrated through specific roles and weapon attribution in the First Information Report disentitles the accused to relief. The court dismissed the petitions, affirming that where active participation is alleged and supported by record, discretionary relief of bail is unwarranted.
- Whether a plea of alibi can be conclusively determined at the bail stage to grant relief to an accused?
- Does the absence of a specific injury attributed to an accused disentitle them to bail when they are named in the First Information Report as part of an armed unlawful assembly?
- Is a case where co-accused are armed with lethal weapons and attributed active participation considered a fit case for post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' WAHEEDUDDIN AHMAD, J.-This order will govern Criminal Petitions for Special Leave to Appeal No, 97/78 and No, 110/78, as they arise from the same occurrence. A case was registered under section 302/307/148/149, P. P. C. Against the petitioners in the above cases for the murder of one Muhammad Ishaq at P. S. Ferozewala, District Sheikhupura on 28-9-1977 at the instance of one Muhammad Ashiq son of Chiragh Din, caste Rajput, resident of Mauza Sheediwal, Tehsil Ferozewala, District Sheikhupura.
2. ' The prosecution case is that the petitioners in the above cases, while armed with gun and rifle respectively, alongwith other co-accused waylaid the complainant and his companions. On the Lalkara of co-accused Khushi Muhammad Chhura and Niaz, another co-accused Shah Muhammad fired a rifle shot which hit Muhammad Ishaq deceased on his chest, who fell down and died there. The complainant and his companions were empty-handed. They hid themselves behind the `Sarkanda' bushes and on account of firing by all the accused the complainant and Muzaffar P. W. Received simple injuries on the legs below the knees.
3. ' The petitioners filed bail application before the Additional Sessions Judge, Sheikhupura, which was dismissed vide order dated 2-2-1978. The matter was then taken to the Lahore High Court in Criminal Miscellaneous Nos. 701 /B and 942/B of 1978 but these were dismissed by a learned Single Judge vide his order dated 15-3-1978. The petitioners seek permission to file an appeal against the said order.
4. ' Mr. M. B. Zaman and Chowdhary Muhammad Aslam Chattha, has brought to our notice that Babar Rashid and Abdur Rashid were found innocent, and their names were shown in column No, 2 in the challan, According to Mr. M. B. Zaman alibi was pleaded by Khushi Muhammad, Niaz, Muhammad Bashir and Jalal and the police authorities have considered the evidence of alibi as weighty. He further contended that the deceased had received one injury which is alleged to have been caused by Shah Muhammad.
5. The contention of the learned counsel has not impressed us. It is not possible, at this stage, for us to give a definite opinion on the question of alibi to these petitioners. The police has also not expressed any opinion that the above-mentioned persons are innocent. In these circumstances we do not consider this as a fit case for interference.
6. ' So far as Qasim and Salim petitioners are concerned it is contended by Ch. Muhammad Aslam Chattha that they were falsely implicated in the case as the complainant party was under the erroneous impression that they were the helpers of the co-accused. He further contended that no injury has been attributed to the petitioners and the injuries on the P. Ws. Were declared simple in nature.
7. ' The very fact that names of their petitioners appear in the F. I. R. And that Qasim was armed with a gun and Salim was armed with a rifle, and also the part attributed to them, show that prime facie they participated in the crime. The learned counsel for the petitioners has referred to two decisions of this Court in Muhammad Akbar and 4 others v. State and Abdul Ghaffar v. Anwarul Hasan .
8. These decisions are distinguishable and are not applicable to the facts of the present case.
9. ' In these circumstances, we do not consider that it will be desirable to release the petitioners on bail. Both the petitions are dismissed. 1978 SCMR 7 1978 SCMR 146
Cited by 3 cases
- MAKHNO vs THE STATE- 1986 P Cr. L J 15
- KOURO vs THE STATE 1985 PLD Karachi 684
- LEELO alias A. GHAFFAR and anothers vs THE STATE 1985 P Cr. L J 948