MANSOOR AHMAD BHATTI vs THE STATE
This matter arises from an appeal converted from a petition for leave to appeal against the refusal of pre-arrest bail by the Lahore High Court. The core legal question concerns whether the appellant, who was not named as either an actual assailant or a conspirator in the initial first information report, is entitled to pre-arrest bail in a murder case registered at Police Station City Sheikhupura. The Supreme Court held that the appellant is entitled to be released on bail, thereby accepting the appeal and confirming the interim bail order previously granted. The key principle laid down is that where an accused person is not implicated in the initial first information report detailing the crime and naming specific assailants and conspirators, a case for pre-arrest bail is made out.
- Is an accused person who is not named in the first information report entitled to pre-arrest bail?
- Whether pre-arrest bail should be granted when the apprehended arrest is claimed to be due to ulterior motives?
ORDER
1. ANW ARUL HAQ, J.-After hearing the petitioner in person and the learned Assistant Advocate-General, Punjab, we have decided to convert this petition into an appeal, and to dispose it of accordingly .
2. On the 10th of September 1975, a first information report was registered at Police Station City Sheikhupura regarding the murder of one Gharib Alam. Besides, naming certain persons as the actual assailants the complainant also named two persons, namely, Raja Shafiqur Rehman and Raja Khush Bakhtur Rehman as being concerned in the conspiracy to commit this murder . However , as a result of investigation, the Police wanted to arrest the present appellant Mansoor Ahmad Bhatti. He accordingly applied for bail before arrest, but his application was rejected by a learned Judge of the Lahore High Court by his order dated the 27th of November 1975.
3. It is submitted on behalf of the petitioner that he was named neither as an actual assailant nor as a conspirator in the first information report which was in sufficient detail, and accordingly his apprehended arrest was due to ulterior motives.
4. In the circumstances, we consider that the appellant is entitled to be released on bail. We would accordingly accept this appeal and confirm the interim order of bail already made by this Court on 5- 12-75.
Cited by 5 cases
- REX TALKIES (PVT.) LTD. and another vs SAMIR OOSMAN and 2 others 2007 PLD Karachi 362
- REX TALKIES (PVT.) LTD. Versus SAMIR OOSMAN 2007 PLD 362
- HAZOOR BAKHSH Versus STATE 2001 YLR 2089
- MUHAMMAD SARWAR Versus STATE 1995 MLD 1259
- GULZAR AHMED vs THE STATE 1990 P Cr. L J 1203