AHMAD And Another vs The STATE
This matter concerns a petition for special leave to appeal against an order of the Lahore High Court, which dismissed the petitioners' application for post-arrest bail in a murder case registered under sections 302, 149, and 148 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail based on allegations that they were declared innocent by the police during the investigation, the absence of fatal injury attributions, and the significant delay in the commencement of the trial. The Supreme Court observed that the initial police report did not contain a definitive finding of innocence, while a subsequent report from the Crimes Branch found the petitioners guilty. While the Court rejected the plea based on the police investigation reports, it acknowledged the validity of the petitioners' concern regarding the inordinate delay in the trial proceedings. Consequently, the Court dismissed the petition for leave to appeal but issued a mandatory direction to the trial court to expedite the disposal of the case, emphasizing the necessity of timely trials for accused persons in custody.
- Does a police report stating that witnesses are not coming forward constitute a definitive finding of innocence for the purpose of bail?
- Can a significant delay in the commencement of a trial serve as a ground for the Supreme Court to issue directions for expeditious disposal of a case?
- Is a petitioner entitled to bail solely because they were initially declared innocent by a police officer if a subsequent investigation report finds them guilty?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
1. NASIM HASAN SHAH, J.--The petitioners, by this petition, seek special leave to appeal from the order dated 22-1-1978, passed by a learned Judge of the Lahore High Court, by which their bail application (Cr. Misc. No.4719-B of 1977) was dismissed. The relevant facts are that a case under sections 302/149 and 148, C.P.C. Was registered at Police Station Manawala, District Sheikhupura, on 21-7-1976, at the instance of one Allah Ditta, against the petitioners and seven others, for having murdered Sahib Khan and Mukhtar alias Mokha. The allegations are that on 21-7-1976 at noon the the petitioners, allegedly armed with gun and spear (Ahmed petitioner was armed with a gun while Bhara petitioner was having a spear) alongwith their co-accused, who were variously armed, way- laid the complaint and the deceased persons, namely, Sahib Khan and Mukthar alias Mokha, and killed the deceased persons. According to the F.I.R. Ahmed petitioner fired his gun hitting Mokha deceased on his arm; whereas Bhara petitioner inflicted a spear blow on the chest of Sahib deceased.
2. The motive alleged was that 14/15 years prior to the occurrence a brother of Mokha co-accused was murdered by sahib Khan deceased, his brother Pehalwan and some other persons, but they were acquitted. Again, about 11 months prior to the occurrence Amir son of Thairaj was murdered and a case was registered against Yara, nephew of Sahib Khan deceased, and others, but they were declared innocent by the Police.
3. It is submitted before us that the petitioner alongwith four others were declared innocent by the Police, therefore, the case was one of further inquiry and they were entitled to the concession of bail. It was further submitted that the petitioners were not attributed fatal injuries. Petitioner No.1 was alleged to have fired from his gun, hitting the arm of Mokha deceased, but according to the medical report no injury was found on the arm of the said deceased; whereas petitioner No.2 was attributed a spear below on the chest of Sahib deceased. It is submitted that considerable delay has taken place in the lodging of the F. I. R., and since the petitioners were arrested the trial is nowhere in sight. Consequently, for all these reasons, they were entitled to the concession of bail.
4. So far as the plea that the petitioners were found innocent by, the Police, the relevant report of the S.D.P.O. (Inspector) Manawala, dated 14-8-1976, has been read out to us in which it was observed that no one was coming forward to depose against the petitioners and luck was favouring them but it does not contain any clear cut finding of innocence. However, in the subsequent report made by the Crimes Branch on 22-1-1977, the petitioners alongwith their co-accused were found to be guilty.
5. However, we find some force in the plea of the petitioners that their trial has been considerably delayed. We would, therefore, direct that the trial Court should expedite the disposal of the case.
6. This petition, subject to the above direction, is dismissed.
Cited by 1 case
- MAKHNO vs THE STATE- 1986 P Cr. L J 15